**Participation of Eligible Children in Private Schools**

28.  Revise §200.61 and place it under the undesignated center heading “Participation of Eligible Children in Private Schools” in subpart A of part 200 to read as follows:

**§200.61  Responsibilities for providing services to private school children.**

(a)  After timely and meaningful consultation with appropriate officials of private schools, an LEA must--

(1)  In accordance with §§200.61 through 200.66 and section 1120 of the Act, provide special educational services or other benefits under subpart A of this part, on an equitable basis and in a timely manner, to eligible children who are enrolled in private elementary and secondary schools; and

(2)  Ensure that teachers and families of these children participate, on a basis equitable to the participation of teachers and families of other children receiving these services in accordance with §200.53.

(b)  Eligible private school children are children who--

(1)  Reside in participating public school attendance areas of the LEA, regardless of whether the private school they attend is located in the LEA; and

  (2)  Meet the criteria in section 1115(b) of the Act.

(c)  Among the eligible private school children, the LEA must select children to participate, consistent with §200.63.

(Authority:  20 U.S.C. 6315(b); 6320(a))

29.  Add §200.62 and place it under the undesignated center heading “Participation of Eligible Children in Private Schools” in subpart A of part 200 to read as follows: 

**§200.62  Consultation.**

(a)  In order to have timely and meaningful consultation, an LEA must consult with appropriate officials of private schools during the design and development of the LEA’s program for eligible private school children.

(b)  At a minimum, the LEA must consult on the following:

(1)  How the LEA will identify the needs of eligible private school children.

(2)  What services the LEA will offer to eligible private children.

(3)  How and when the LEA will make decisions about the delivery of services.

(4)  How, where, and by whom the LEA will provide services to eligible private school children.

(5)  How the LEA will assess academically the services to private school children, and how the LEA will use the results of that assessment to improve Title I services.

(6)  The size and scope of the equitable services that the LEA will provide to eligible private school children, and the proportion of funds that the LEA will allocate for these services.

(7)  The method or sources of data that the LEA will use under §200.78 to determine the number of private school children from low-income families residing in participating public school attendance areas, including whether the LEA will extrapolate data from a survey.

(8)  The equitable services the LEA will provide to teachers and families of private school participating children.

(c)(1)  Consultation by the LEA must--

(i)  Include meetings of the LEA and appropriate officials of the private schools; and

(ii)  Occur before the LEA makes any decision that affects the opportunity of eligible private school children to participate in Title I programs.

(2)  The LEA must meet with officials of the private schools throughout the implementation and assessment of the Title I services.

(d)(1)  Consultation must include--

(i)  A discussion of service delivery mechanisms the LEA can use to provide equitable services to private school children; and

(ii)  A thorough consideration and analysis of the views of the officials of the private schools on the provision of services through a contract with a third-party provider.

(2)  If the LEA disagrees with the views of the officials of the private schools on the provision of services through a contract, the LEA must provide in writing to the officials of the private schools the reasons why the LEA chooses not to use a contractor.

(e)(1)  The LEA must maintain in its records and provide to the SEA a written affirmation, signed by officials of each private school with participating children or appropriate private school representatives, that the required consultation has occurred.

(2)  If the officials of the private schools do not provide the affirmations within a reasonable period of time, the LEA must submit to the SEA documentation that the required consultation occurred.

(f)  An official of a private school shall have the right to complain to the SEA that the LEA did not--

(1)  Engage in timely and meaningful consultation; or

(2)  Consider the views of the officials of the private school.

(Authority:  20 U.S.C. 6320(b))

30.  Revise §§200.63 through 200.65 and place them under the undesignated center heading “Participation of Eligible Children in Private Schools” in subpart A of part 200 to read as follows:

**§200.63  Factors for determining equitable participation of private school children.**

(a)  Equal expenditures.  (1)  In the aggregate, funds expended by an LEA under subpart A of this part for services for eligible private school children in the aggregate must be equal to the amount of funds generated by private school children from low-income families under paragraph (a)(2) of this section.

(2)  An LEA must meet this requirement as follows:

(i)  In reserving funds off the top of its allocation to carry out the provisions of §200.77, if the LEA reserves funds for instructional activities for public elementary or secondary school students at the district level, the LEA must provide equitable services to eligible private school children.  The LEA must base equitable services from these reserved funds on the proportion of private school children from low-income families residing in participating public school attendance areas.

(ii)  The LEA must reserve the amounts of funds generated by private school children under §200.78 and, in consultation with appropriate officials of the private schools, may--

(A)  Combine those amounts, along with funds under paragraph (a)(2)(i) of section, if appropriate, to create a pool of funds from which the LEA provides equitable services to eligible private school children, in the aggregate, in greatest need of those services; or

(B)  Provide equitable services to eligible children in each private school with the funds generated by children from low-income families under §200.78 who attend that private school.

(b)  Services on an equitable basis.  (1)  The services that an LEA provides to eligible private school children must be equitable in comparison to the services and other benefits that the LEA provides to public school children participating under subpart A of this part.

(2)  Services are equitable if the LEA--

(i)  Addresses and assesses the specific needs and educational progress of eligible private school children on a comparable basis as public school children;

(ii)  Meets the equal expenditure requirements under paragraph (a) of section; and

(iii)  Provides private school children with an opportunity to participate that--

(A)  Is equitable to the opportunity provided to public school children; and

(B)  Provides reasonable promise of the private school children achieving the high levels called for by the State’s student academic achievement standards.

(3)  The LEA must provide services to eligible private school children either directly or through arrangements with another LEA or a third-party provider.

(4)  The LEA must make the final decisions with respect to the services it will provide to eligible private school children.

(Authority:  20 U.S.C. 6320(a))

**§200.64  Determining equitable participation of teachers and families of participating private school children.**

(a)(1)  From funds reserved for parent involvement and professional development under §200.77, an LEA shall ensure that teachers and families of participating private school children participate on an equitable basis in parent involvement and professional development activities, respectively.

(2)  The LEA must base equitable services on the proportion of private school children from low-income families residing in participating public school attendance areas.

(b)  After consultation with appropriate officials of the private schools, the LEA must conduct professional development and parent involvement activities for the families and teachers of participating private school children either--

(1)  In conjunction with the LEA’s professional development and parent involvement activities; or

(2)  Independently.

(c)  Private school teachers are not covered by the requirements in §200.56.

(Authority:  20 U.S.C. 6320(a))

**§200.65  Requirements to ensure that funds do not benefit a private school.**

(a)  An LEA must use funds under subpart A of this part to provide services that supplement, and in no case supplant, the services that would, in the absence of Title I services, be available to participating private school children.

(b)(1)  The LEA must use funds under subpart A of this part to meet the special educational needs of participating private school children.

(2)  The LEA may not use funds under subpart A of this part A of this part for--

(i)  The needs of the private school; or

(ii)  The general needs of children in the private school.

(Authority:  20 U.S.C. 6320(a), 6321(b))

31.  Add a new §200.66 and place it under the undesignated center heading “Participation of Eligible Children in Private Schools” in subpart A of part 200 to read as follows:

**§200.66  Requirements concerning property, equipment, and supplies for the benefit of private school children.**

(a)  The LEA must keep title to and exercise continuing administrative control of all property, equipment, and supplies that the LEA acquires with funds under subpart A of this part for the benefit of eligible private school children.

(b)  The LEA may place equipment and supplies in a private school for the period of time needed for the program.

(c)  The LEA must ensure that the equipment and supplies placed in a private school--

(1)  Are used only for Title I purposes; and

(2)  Can be removed from the private school without remodeling the private school facility.

(d)  The LEA must remove equipment and supplies from a private school if--

(1)  The LEA no longer needs the equipment and supplies to provide Title I services; or

(2)  Removal is necessary to avoid unauthorized use of the equipment or supplies for other than Title I purposes.

(e)  The LEA may not use funds under subpart A of this part for repairs, minor remodeling, or construction of private school facilities.

(Authority:  20 U.S.C. 6320(d))

32.  Place reserved §§200.67 through 200.69 under the undesignated center heading “Participation of Eligible Children in Private Schools” in subpart A of part 200.

**§200.77  Reservation of funds by an LEA.**

 Before allocating funds in accordance with §200.78, an LEA must reserve funds as are reasonable and necessary to--

(a)  Provide services comparable to those provided to children in participating school attendance areas and schools to serve-

(1)Homeless children who do not attend participating schools, including providing educationally related support services to children in shelters and other locations where homeless children may live;

(2)Children in local institutions for neglected children; and

(3)  If appropriate--

(i)Children in local institutions for delinquent children; and

(ii)  Neglected and delinquent children in community-day school programs;

(b)Provide, where appropriate under section 1113(c)(4) of the Act, financial incentives and rewards to teachers who serve students in Title I schools identified for school improvement, corrective action, and 

(c)Meet the requirements for choice-related transportation and supplemental educational services in §200.48, unless the LEA meets these requirements with non-Title I funds;

(d)Address the professional development needs of instructional staff, including--

(1)Professional development requirements under §200.52(a)(2)(iii) if the LEA has been identified for improvement or corrective action; and

(2)Professional development expenditure requirements under §200.60; 

(e)Meet the requirements for parental involvement in section 1118(a)(3) of the Act;

(f)Administer programs for public and private school children under this part, including special capital expenses, if any, incurred in providing services to eligible private school children, such as--

(1)The purchase and lease of real and personal property (including mobile educational units and neutral sites);

(2)  Insurance and maintenance costs;

(3)  Transportation; and

(4)  Other comparable goods and services, including 

non-instructional computer technicians; and

(g)Conduct other authorized activities, such as school improvement and coordinated services.

(Authority:  20 U.S.C. 6313(c)(3) and (4), 6316(b)(10), (c)(7)(iii), and (e)(6), 6318(a)(3), 6319(l), 6320)

**§200.78  Allocation of funds to school attendance areas and schools.**

 (a)(1)  An LEA must allocate funds under subpart A of this part to school attendance areas and schools, identified as eligible and selected to participate under section 1113(a) or (b) of the Act, in rank order on the basis of the total number of children from low-income families in each area or school.

(2)(i)  In calculating the total number of children from low-income families, the LEA must include children from low-income families who attend private schools.

(ii)  To obtain a count of private school children, the LEA may--

(A)Use the same poverty data the LEA uses to count public school children; 

(B)(1)  Use comparable poverty data from a different source such as a private school survey that, to the extent possible, protects the identity of families of private school students; and  

(2)  Extrapolate data from the survey based on a representative sample if complete actual data are unavailable;

(C)  Apply the low-income percentage of each participating public school attendance area to the number of private school children who reside in that school attendance area; or 

 (D)  Use an equated measure of low income correlated with the measure of low income used to count public school children.

(iii)  An LEA may count private school children from low-income families every year or every two years.

(iv)  The LEA shall have the final authority in determining the method used to calculate the number of private school children from low-income families; 

(3)If an LEA ranks its school attendance areas and schools by grade span groupings, the LEA may determine the percentage of children from low-income families in the LEA as a whole or for each grade span grouping.

(b)(1)  Except as provided in paragraphs (b)(2) and (d) of this section, an LEA must allocate to each participating school attendance area or school an amount for each low-income child that is at least 125 percent of the per-pupil amount of funds the LEA received for that year under part A, subpart 2 of Title I.  The LEA must calculate this per-pupil amount before it reserves funds under §200.77, using the poverty measure selected by the LEA under section 1113(a)(5) of the Act.

(2)If an LEA is serving only school attendance areas or schools in which the percentage of children from low-income families is 35 percent or more, the LEA is not required to allocate a per-pupil amount of at least 125 percent.

(c)An LEA is not required to allocate the same per-pupil amount to each participating school attendance area or school provided the LEA allocates higher per-pupil amounts to areas or schools with higher concentrations of poverty than to areas or schools with lower concentrations of poverty.

(d)An LEA may reduce the amount of funds allocated under this section to a school attendance area or school if the area or school is spending supplemental State or local funds for programs that meet the requirements in §200.79.

(e)If an LEA contains two or more counties in their entirety, the LEA shall distribute to schools within each county a share of the LEA's total grant that is no less than the county's share of the child count used to calculate the LEA's grant. (Authority:  20 U.S.C. 6313(c), 6320(a) and (c)(1), 6333(c)(2))