Every Student Succeeds Act Q&A
What does timely & meaningful consultation mean?
“Timely consultation” means that your public school district gave you advance notice of planned consultation meetings for private school stakeholders.
“Meaningful consultation” means that all required consultation topics were covered and you were given an opportunity for input.
“Meaningful consultation” means that all required consultation topics were covered and you were given an opportunity for input.
How do private school students generate Title I funding?
Title I funding is based on the poverty count for your school (185%) and is generated from the district where the student lives.
It is important to note the eligibility requirements for how a student generates Title I funding:
--Student is considered to be 185% of poverty in the district where they live
--Student would be eligible to generate funds at the public school school they would have attended. I.e. the public school district has a Title I program at the school the student would have attended.
--Example: School districts can select grade spans to serve and/or select specific schools to serve. If your student(s) would have attended a public school not within the grade span or not one of the schools being served, they are not eligible at the private school.
Title 1 funding is generated by low income students but the programs serve "educationally needy" students.
It is important to note the eligibility requirements for how a student generates Title I funding:
--Student is considered to be 185% of poverty in the district where they live
--Student would be eligible to generate funds at the public school school they would have attended. I.e. the public school district has a Title I program at the school the student would have attended.
--Example: School districts can select grade spans to serve and/or select specific schools to serve. If your student(s) would have attended a public school not within the grade span or not one of the schools being served, they are not eligible at the private school.
Title 1 funding is generated by low income students but the programs serve "educationally needy" students.
My local public school has a Title I aid in each classroom. I requested the same service for my students but was told this is not allowed. I thought ESSA mandates equitable services for private schools? How can a public school do this for their students and not provide an equal service to the private school students?
The ESSA provides for a proportionate share of federal funding for private school students and equitable services to go with the funding. Equitable does not mean equal. Comparable is a better term.
Additionally, public schools can operate under a school-wide or targeted assistance model of services. School-wide means the whole school can benefit from the services generated by eligible Title I students in the school, while targeted assistance means only the students ranked as "educationally needy" can be served.
Private schools can ONLY use a targeted assistance model, because federal money can only be used for students, teachers and staff and NOT for the school specifically.
Therefore, a private school could not have a Title I aid in every classroom, serving all of the school's students, but rather could have a Title I teacher that pulls out the Title I students identified as in need of services and helps only those kids.
Additionally, public schools can operate under a school-wide or targeted assistance model of services. School-wide means the whole school can benefit from the services generated by eligible Title I students in the school, while targeted assistance means only the students ranked as "educationally needy" can be served.
Private schools can ONLY use a targeted assistance model, because federal money can only be used for students, teachers and staff and NOT for the school specifically.
Therefore, a private school could not have a Title I aid in every classroom, serving all of the school's students, but rather could have a Title I teacher that pulls out the Title I students identified as in need of services and helps only those kids.
My school district told me I must pool our funds with the other private schools' funds in the district. Is this true?
No. You are not required to pool your title funds with the other private schools in your district. Sometimes this may be beneficial, say if your allocations are small and you’d get more services for more students if you joined your money. But consider first – you must rank order your eligible students – once the funds for services run out down the list, the students near the bottom may not receive services. Before agreeing to pool – where do your neediest students fall in the rank order and will funds reach them? If not, your school is not actually receiving the services generated by your title funding.
My school district asked me to send them my students' names, addresses, DOBs, and family income. Why did they ask for this and do I need to send it to them?
The school district needs students' names and addresses from private schools to determine your enrollment for the Title programs (I, II, III, IV). This may actually generate more funds for your school as they may not have had accurate or updated information for your students coming directly from you in previous years.
They need the students' DOB to determine how old they are on the first day of the school year because Title I funding is generated by children ages 5 through 17 in poverty.
Lastly, the district is asking for income data so they can determine the poverty count for your school. This doesn't necessarily mean you need to send the district the specific income data for each student. You can use your students' reported income, extrapolate the data and send only that to the district. There are five acceptable methods private schools can use to determine poverty. During consultation, your school and the district must agree on the method you've used and that it is fair and accurate.
They need the students' DOB to determine how old they are on the first day of the school year because Title I funding is generated by children ages 5 through 17 in poverty.
Lastly, the district is asking for income data so they can determine the poverty count for your school. This doesn't necessarily mean you need to send the district the specific income data for each student. You can use your students' reported income, extrapolate the data and send only that to the district. There are five acceptable methods private schools can use to determine poverty. During consultation, your school and the district must agree on the method you've used and that it is fair and accurate.
It is June and I want to use a third party provider (vendor) for my Title I services starting in September, but my district said no. Is there a reason for this?
Yes. Public school districts must go through a state procurement process for contracts due to uniform grant provisions. Sometimes this procurement process can take six months. If you are asking for a vendor in June, it may be impossible to have a vendor in place by September.
Districts have been given guidance to create vendor polices and try to develop a list of "approved" vendors to make the process simpler. If your vendor is not on the list, it may take longer to go through the process.
Something to keep in mind about using a vendor - there are no federal regulations in place that require providers to be licensed professionals. It is important to make sure the provider you want to contract with is able to provide you credentialed professionals. If this is not the case, you may want to consider taking advantage of the district's offer of a licensed teacher (if applicable).
Districts have been given guidance to create vendor polices and try to develop a list of "approved" vendors to make the process simpler. If your vendor is not on the list, it may take longer to go through the process.
Something to keep in mind about using a vendor - there are no federal regulations in place that require providers to be licensed professionals. It is important to make sure the provider you want to contract with is able to provide you credentialed professionals. If this is not the case, you may want to consider taking advantage of the district's offer of a licensed teacher (if applicable).
I would like to review my district's grant application to see what types of services they are offering their Title I students. Can I ask for this?
Yes. Your district's grant application is a public record. They should be able to send you all or parts of the application that you request.
My district is transferring Title IV funds into Title I. Is this allowed?
This is referred to as "transferability" and is allowed under the ESSA. However, the district must consult with the private schools in their district FIRST before this decision is made and before any money is transferred.
During the consultation process the private schools and the district must reach an agreement over this decision.
During the consultation process the private schools and the district must reach an agreement over this decision.
I'm a principal at a private school. Over the last few years, myself and the principal at our local public school have just agreed when, where and how to serve my students. Our community is small, so we're friends, attend church together and see each other out often. Do we need to have a formal consultation?
Yes. The new laws that govern the ESSA require that the equitable service provisions for private schools are being met. We do this by having affirmation forms completed and signed during consultation between the public school district and the participating private school. The affirmation form must outline the agreed upon services between both parties. The public school district must then turn the signed form into the DPI before they can begin budgeting for Title programs in the grant process.
Are there carryover provisions in the ESSA? If so, what are they?
There is a carryover amount based on the LEA’s allocation for Title 1 --
--LEAs with Allocations* Less than $50,000 - may carryover un-obligated funds without limitation.
--LEAs with Allocations* Greater than $50,000- may carryover 15 percent of the un-obligated funds into the succeeding fiscal year.
--LEAs must apply for a waiver to carryover more than 15 percent of the total allocation. This is only allowed once every three years.
*It is important to note that the carryover limit is based off the LEA’s Title I-A allocation amount plus funds transferred from Title II-A.
--That 15% carry over includes unused private school funds which go back into a private school pot to be dispersed in the next school year. So if you don’t use your Title funds in the year allocated you may get a portion of carryover funds the next year but it might not be the same amount your school had carried over the previous year.
The other three Title programs (II, III, IV) allow 100% carryover, but the "one pot" rule applies to these as well. It is best practice to use all of your funding in the year it is allocated.
--LEAs with Allocations* Less than $50,000 - may carryover un-obligated funds without limitation.
--LEAs with Allocations* Greater than $50,000- may carryover 15 percent of the un-obligated funds into the succeeding fiscal year.
--LEAs must apply for a waiver to carryover more than 15 percent of the total allocation. This is only allowed once every three years.
*It is important to note that the carryover limit is based off the LEA’s Title I-A allocation amount plus funds transferred from Title II-A.
--That 15% carry over includes unused private school funds which go back into a private school pot to be dispersed in the next school year. So if you don’t use your Title funds in the year allocated you may get a portion of carryover funds the next year but it might not be the same amount your school had carried over the previous year.
The other three Title programs (II, III, IV) allow 100% carryover, but the "one pot" rule applies to these as well. It is best practice to use all of your funding in the year it is allocated.
When it comes to ESSA Title Programs, the public school district is saying it has deadlines for budget and deadlines for other reports but not necessarily disclosing these deadlines during consultation. Are there specific due dates in which public schools have to hand information in to DPI? How does that affect private schools ability to have the "timely and meaningful consultation" that the ESSA requires?
The public school districts are likely reacting to internal spending deadlines that are set by state mandates and grant deadlines so the DPI can give the district its federal money. There is a DPI deadline for turning in ESSA grant applications, but districts still receive their money if they miss this deadline. School districts and private schools can't get their federal funds from DPI until private schools sign off on the Affirmation Form.
This is great for private schools because it means the public districts should be motivated to work with the private school to create an agreeable process and content for serving the private school children. Private school principals should use the school district's concern over deadlines to their advantage -- demand meetings and discussions that are meaningful for how your children will be served. Don't sign off on anything you think is less than the law allows. But remember, the sooner the district gets the money, the sooner your kids get services. And if the consultation goes too far into the year, you'll have less time to get those services for your kids.
This is great for private schools because it means the public districts should be motivated to work with the private school to create an agreeable process and content for serving the private school children. Private school principals should use the school district's concern over deadlines to their advantage -- demand meetings and discussions that are meaningful for how your children will be served. Don't sign off on anything you think is less than the law allows. But remember, the sooner the district gets the money, the sooner your kids get services. And if the consultation goes too far into the year, you'll have less time to get those services for your kids.
Does a private school student’s participation in a Federal or State Parental Choice Program affect that private school student’s eligibility for ESEA equitable services?
No. Participation in a Federal or State Parental Choice Program does not affect a private school student’s eligibility for ESEA equitable services. Although most students enrolled in private schools pay their tuition with private funds, there are some instances in which public funds may support a student’s tuition (e.g., through a Federal or State scholarship or scholarship-type program or a State education savings account (ESA). Regardless of the source of funds paying a private school student’s tuition, a student is eligible for equitable services under the ESEA if the student meets the eligibility requirements of the respective program.
It is important to note that a student in the Choice program does not automatically qualify for Title I services and/or qualify to draw funds for Title 1 as the poverty line for ESSA is 185%, while the Choice programs are 220% and 300%.
Source: The US DOE's Non-Regulatory Guidance: Fiscal Changes and Equitable Services Guidance under the Elementary and Secondary Education Act of 1965 (ESEA) as amended by the Every Student Succeeds Act. (See page 37.)
It is important to note that a student in the Choice program does not automatically qualify for Title I services and/or qualify to draw funds for Title 1 as the poverty line for ESSA is 185%, while the Choice programs are 220% and 300%.
Source: The US DOE's Non-Regulatory Guidance: Fiscal Changes and Equitable Services Guidance under the Elementary and Secondary Education Act of 1965 (ESEA) as amended by the Every Student Succeeds Act. (See page 37.)
I attended a conference recently. In one discussion I mentioned that our public school district does not provide services for students that live outside of the district boundaries. The entire room turned around and said that is illegal. They said the law requires that a child receive services based on the school he or she attends and not the district in which they live. Is that true? How do I get my district to provide those services for my students?
Your principal colleagues are correct! The rules for the federal Individuals with Disabilities Education Act (IDEA) were changed in 2011. Under the prior provisions of the IDEA, the responsibility to conduct child find for parentally placed private school children rested with the LEA in which the children resided. But now, school districts ARE required to serve the children in the private school in their district, regardless of where the children live.
My public school district is urging me to finish using my school's Title II-A funds for professional development before the school year ends. I also realize that I need to plan ahead now for using the funds during the upcoming school year, so I'm not scrambling again next year to determine how to use this money. What do Title II-A funds cover?
You are not alone. Many principals are going through this right now. You are smart to be thinking ahead to the next school year so you don't have this problem again. First, it's important to know that Title II federal funds are available to support the improvement of K4-12 school teachers, paraprofessionals and principals through high quality professional development in the core academic subjects and in improving classroom practices. Many things fall under this description. Your Title II allocation is calculated by the DPI based on your total student enrollment and that of your public school district and the other parochial schools in the district.
As you plan for next year, keep in mind that you can use Title II funds to cover your attendance at the WCRIS Leadership Conference scheduled for March 8, 2019 at the Ingleside Hotel in Pewaukee and the WCRIS Professional Learning Conference for Private School Teachers on August 10, 2018 at the Glacier Canyon Lodge in the WI Dells.
As you plan for next year, keep in mind that you can use Title II funds to cover your attendance at the WCRIS Leadership Conference scheduled for March 8, 2019 at the Ingleside Hotel in Pewaukee and the WCRIS Professional Learning Conference for Private School Teachers on August 10, 2018 at the Glacier Canyon Lodge in the WI Dells.
