ESSA

Title I in a Nutshell

Title I provides academic assistance to students considered at risk of failing academically, and who reside in areas marked by high concentrations of poverty.  Funding for Title I services is determined by a count of all students residing within a public school district whose families meet a poverty criterion, regardless of whether they attend a public or a private school.  The funding is then divided proportionately between public and private schools (though private schools never receive actual dollars).  Academic support services are then provided, either by district staff, or by third-party providers of service, to the students who have been identified as most in need of additional assistance (regardless of whether those children hail from families meeting the poverty criterion, or not.)

 

Title I, Part A: Improving Basic Programs

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What is Title I, Part A?

Title I, Part A is ESSA’s flagship program.  Its purpose is to close the academic achievement gap by providing various forms of assistance to students considered most academically at-risk.  Congress authorized spending of up to $15 billion for Title I in fiscal year 2017 – an amount that is greater than the sum of spending limits for all the other ESSA titles, combined.

How does Title I-A funding work?

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Funding flows from the U.S. Department of Education to state departments of education (SEAs), and from there to local public school districts (LEAs).  The amount of funding received by a state, as well as by its respective LEAs is determined by a formula that is weighted by the incidence of poverty.  In order to plug values into the formula, each district conducts a count of children whose families meet a designated poverty criterion.  The count includes children who attend private schools.  Each district can choose one of four ways to determine the number of private school students who meet the criterion.  A district may:

1. use the same measure of low income used to count public school children.  For example, a district can use eligibility to participate in the National School Lunch Program as the criterion it employs to count qualifying children enrolled in its (public) schools, and may then ask private schools to provide counts of students who meet the same criterion.  (Note that students need only be eligible to participate in the National School Lunch Program to be included in the count.)

2. use comparable poverty data from a survey and allowing such survey results to be extrapolated if complete actual data are unavailable.  For example, a district may create a survey which, through private schools located within its boundaries, it disseminates to private school families who will be identified by numbers, rather than names.  The survey would ask parents to indicate the public school district in which they reside, the number of school-aged children at the family residence, and an indication of whether the family’s combined income fell below an established poverty threshold.  The district would then use the results of the data compiled from the returned questionnaires to estimate the total number of private school children from low-income families residing within its boundaries.

3. use comparable poverty data from a different source.  For example, a public school district could use National School Lunch Program eligibility data to count its students, and use a comparable source of poverty data, such as eligibility for Temporary Assistance to Needy Families, making adjustments, as necessary.

4. use proportionality.  For example, if a district has determined that 40 percent of the public school students who reside within Title I attendance areas (areas with high concentrations of poverty) meet the poverty criterion, it may estimate that 40 percent of the private school students residing within its Title I attendance areas do so.

 

Example:  Assume that 20 students enrolled in your private school come from families that meet the Title I poverty criterion used by the public school district in which they reside.  Further assume that the total number of public and private school students whose families meet the poverty criterion is 4,000, and that the district’s total Title I, Part A allocation is $5 million.  Because your school’s 20 students accounted for one-half-of-one-percent of the total amount of funds generated, the district would reserve $25,000 to provide services to students in your school who reside within the public school district boundaries, and who have been determined to be at-risk of academic failure.

Keep in mind:  The services provided by the $25,000 need not be received by the same children responsible for generating the Title I, Part A funding.  It may be the case that only 10 students in your school are considered to be at risk of failing, and that some, but not others come from families that meet the Title I poverty criterion.  Be that as it may, all ten students would be eligible to receive Title I services funded by the $25,000.  Also, it must be borne in mind that children enrolled in a private school often reside in more than one public school district.  Because participation in Title I, Part A is determined by the district in which a child resides (and not the district in which his/her private school is located), private school officials often need to participate in consultation with representatives of multiple public school districts.

It all starts with consultation!

 

Consultation with public school district representatives should begin well in advance of a school year.  Private school officials will need to know how much funding is available to provide Title I, Part A services to eligible students in their school.  Agreement must be reached on the means employed to identify the private school students in need of services.  Most importantly, the specific nature of the services must be planned.  Finally, the parties to the consultation must agree on how the academic progress of participating students is to be assessed.

Potential Pitfalls:  Staff turnover and reassignments can be endemic in public school districts. You may well find yourself dealing with a counterpart who’s as new to doing this as you.  Add to that the fact that you’ll both be dealing with a new law, one for which a full set of regulations and guidance has yet to be issued – and you may end up hearing a lot of “don’t know,” and “can’t tell you.”

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Do not despair!  First, be prepared for such encounters.  It’s better to hear an honest “I don’t know,” than to be provided with misinformation.  In fact, anyone who holds themselves out as an expert on ESSA at this stage of its evolution should be regarded with some degree of suspicion.

Second, uncertainty must not stop you from proceeding.  Ask your district colleague whether the district is planning to provide Title I, Part A services to its public school students in the coming academic year, and you can almost certainly expect an affirmative response.   At that point, you can politely point out that the law requires the district to provide comparable services to eligible private school children…and that the services won’t be equitable if they’re not appropriately planned.

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Finally, keep in mind that consultation must be both timely and meaningful.  District employees have an obligation to obtain whatever information in necessary to facilitate timely and purposeful planning.  If district staff have questions, they should contact the California Department of Education.  If you have questions, CAPSO is here to help!

 

Remain positive.  Chances are good that the bumps in the road will be surmounted, things will work out, and your students will receive the extra, individualized help they need to get them over the hump and onto the path to academic success.

 

Title I, Part C: Education of Migratory Children

This portion of Title I contains provisions designed to ensure that children whose families migrate from state to state during the course of a school year:

• are not penalized in any manner by disparities among the states in curriculum, graduation requirements, and challenging state academic standards;

• receive full and appropriate opportunities to meet the same challenging state academic standards that all children are expected to meet; and,

• receive assistance to help overcome educational disruption, cultural and language
  barriers, social isolation, various health-related problems, and other factors that
  inhibit the ability of such children to succeed in school.  (ESSA §1301(a))

 

ESSA §8501(b)(1)(A) provides that if such children are enrolled in private schools, they, their parents and teachers, are entitled to receive services that are comparable to those received by similar children enrolled in public schools. Funding is provided on a proportionate basis, with a total of $375 million having been authorized for each of fiscal years 2017 through 2020.

If you have reason to believe such children are enrolled in your private school, you should bring the matter to the attention of your local public school district colleagues, so as to consider their eligibility for assistance.

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Available Services

Examples of services provided under provisions of Title I, Part A include instructional services (including evaluations to determine the progress being made in meeting such students’ academic needs), counseling, mentoring, one-on-one tutoring, or other benefits (such as dual or concurrent enrollment, educational radio and television, computer equipment and materials, other technology, and mobile educational services and equipment). (ESSA §1117(a)(1)(A))  School districts must also ensure that teachers and families of the private school students receiving services participate, on an equitable basis, in services and activities designed to promote parental involvement and family engagement. (ESSA §1117(a)(1)(B))

 

Third-Party Providers

During consultation, private school officials may request that Title I, Part A services will be provided by a either a public or private third-party provider of service.  Perhaps a particular company was highly recommended by colleagues at other private schools, or appears to possess a better understanding of the culture of the private school in question.

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Whereas the public school district has the final say in determining who will provide Title I, Part A services, the ESSA statute requires that consultation include, “…a thorough consideration and analysis of the views of the private school officials on the provision of services through a contract with potential third-party providers.” (ESSA §1117(b)(1)(G))  Moreover, if district representatives disagree with a private school official’s request that Title I services be provided by a third-party, the statute says the district must “…provide in writing to such private school officials an analysis of the reasons why the local educational agency has chosen not to use a contractor.” (ESSA §1117(b)(1)(H))

 

Authorization and Appropriations

These are two terms are often misunderstood and easily confused.  “Authorization” refers to the legislative enactment of a spending limit for a particular program, while “appropriation” refers to the actual amount of money made available for a program during a specific time period.  It’s helpful to think of authorization limits and appropriation amounts.

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Authorization limits are found in the ESSA statute, itself, while appropriations are made, fittingly enough, through periodic (usually annual) appropriations bills.  There is no requirement to fund a program at its full authorization level.  In fact, there is no requirement to appropriate funds for an ESSA program, at all.  Typically, the President calls for a particular appropriation in his annual budget request.  At times, a president as “zeroed out” funding for a given program, by requesting no appropriation.  Sometimes Congress has ignored such a request, and at other times, programs have been effectively terminated, for lack of a current appropriation.

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Title II, Part A in a Nutshell

Title II, Part A provides funding intended to provide teachers, administrators and other educational leaders with opportunities to participate in a range of professional development activities that will redound to the ultimate benefit of students.  The amount of funding to be set-aside for a given private school is determined by the school’s total enrollment (in any of grades K-12, inclusive) as a percentage of the total private-plus-public school enrollment in the school district in which the private school is located.  Effective as of the 2017-18 school year, the resulting percentage is then applied to the district’s total Title II, Part A allocation.  Examples of the kinds of professional development activities that can be underwritten with Title IIA funds are graduate courses, professional induction programs, conferences, seminars, and workshops.  Forthcoming regulations and guidance will better define the scope and requirements associated with eligible programs and activities.

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Title II, Part A: Professional Development

This is the ESSA program that will be utilized by more private schools than any other.  The basic purpose of Title IIA is to “improve the quality and effectiveness of teachers, principals, and other school.”  (ESSA §2001(2))  It does this by providing supplemental funding intended to underwrite, or offset the cost of providing various professional development opportunities to educators.  Private school teachers, principals/heads of school, and other educational leaders can utilize Title IIA funding to attend various conferences, workshops and seminars, pursue certain graduate degrees, obtain a “clear” teaching credential, and more.

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How does Title II, Part A funding work?

It’s simpler than Title I, Part A!  Funding flows from the U.S. Department of Education to state departments of education (which are permitted to reserve several percent of the funds to provide state-level professional development activities), and from there to local public school districts (LEAs).

The amount of funding to be reserved to provide professional development opportunities for private school educators is equal to the total number of students enrolled in nonprofit private schools as a percentage of all students enrolled in a district’s public and private schools.

Example:  Assume that in the Friendly Public School District 90,000 students are enrolled in public schools, and 10,000 students are enrolled in nonprofit private schools.  Further assume that the district’s total ESSA Title II, Part A allocation is $4 million.  Because the district’s private school enrollment equals 10 percent of the total public-plus-private school enrollment, $400,000 would be set aside to provide professional development activities for the district’s private school educators.  A particular private school with a total enrollment of 300 students would be entitled to receive 300 X $40 = $12,000 worth of professional development services for its educators.

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Keep in mind:  ESSA introduces an important change to the way the Title IIA “set-aside” for private school educators is calculated.  Under provisions of the prior law (NCLB), the proportionate share of funds was calculated on the basis of only that portion of a district’s total Title IIA allocation that was earmarked for professional development.  For example, if the Friendly Public School District had decided to use $1 million of its $4 million Title IIA allocation for class-size reduction, the proportionate share of private school funding would be calculated using the remaining $3 million.  Beginning in school year 2017-18, the district must base the proportionate share on its total Title IIA allocation (i.e., $4 million), thus increasing the private school per-pupil set-aside amount by 25 percent in our hypothetical example.

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How can Title II, Part A funding be used?

The ESSA statute lists a variety of allowable uses of Title IIA funds, not all of which are applicable to private school educators.  Two sections of the law that do permit broad application to private school teachers, administrators and other educational leaders are excerpted below:

• “…providing high-quality, personalized professional development that is evidence-based, to the extent the State (in consultation with local educational agencies in the State) determines that such evidence is reasonably available, for teachers, instructional leadership teams, principals, or other school leaders, that is focused on improving teaching and student learning and achievement…”  (ESSA §2103(b)(3)(E))

• “…developing and providing professional development and other comprehensive systems of support for teachers, principals, or other school leaders to promote high-quality instruction and instructional leadership in science, technology, engineering, and mathematics subjects, including computer science…”  (ESSA §2103(b)(3)(M))

 

There are many other allowable uses of Title IIA funds, including:

• “developing programs and activities that increase the ability of teachers to effectively teach children with disabilities…”  (ESSA §2103(b)(3)(F))

• “providing training to support the identification of students who are gifted and talented, including high ability students who have not been formally identified for gifted education services, and implementing instructional practices that support the education of such students…”  (ESSA §2103(b)(3)(J))

• “supporting the instructional services provided by effective school library programs…”  (ESSA §2103(b)(3)(K))

• “providing training for all school personnel, including teachers, principals, other school leaders, specialized instructional support personnel, and paraprofessionals, regarding how to prevent and recognize child sexual abuse…”  (ESSA §2103(b)(3)(L))

• “supporting efforts to train teachers, principals, or other school leaders to…effectively engage parents, families, and community partners, and coordinate services between school and community…”  (ESSA §2103(b)(3)(E)(iii))

And there’s considerably more.

 

Consultation

Consultation with public school district representatives should begin well in advance of a school year. Private school officials will want to know how much money is available for Title II, Part A services at the earliest possible date.  At the same time, private school leaders should enter the consultative process with a fairly good sense of the programs they’d like to see funded.  While it can be difficult to do the latter without knowing the former, it helps to have priorities in mind.  Staying mindful of the supplement not supplant requirement, priority should be assigned to the most beneficial opportunities a school would not otherwise provide.

 

Starting the process at an early date will also prove helpful to your public school district colleagues.  If you would like to send some of your teachers to a professional conference, the sponsoring organization and program may need to be researched and approved months in advance.  The amount of funding to be provided must be determined, and a mechanism for conveying payment established.  If you’d like to secure the services of a presenter who will conduct a professional development program on your campus, the individual may need to complete various forms in order to become an approved vendor.  While such arrangements are part and parcel of a the district’s administrative obligations, it’s good practice and common courtesy to avoid last-minute requests.

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Remember: A public school district cannot fulfill its Title II, Part A obligation to private school educators by simply extending an offer to participate in the same professional development programs it makes available to public school teachers and other personnel.

 

State Activities

The law permits state departments of education to retain a small percentage of the Title II, Part A funds it receives, before passing the remainder on to public school districts.    The portion kept by the state may be used to provide on a statewide level, services that are similar to those provided by school districts at a local level.  Just as a proportionate amount of a district’s Title IIA funding must be used to provide comparable professional development services to private school educators, so, too, must the state department of education.

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The California Department of Education fulfills this obligation with advisement and oversight from a Private School Advisory Committee appointed by the State Superintendent of Public Instruction.  The Committee, together with public sector experts, conducts periodic needs assessments and uses the information to plan a variety of high-quality-at-low-cost professional development programs attuned to the needs of the state’s private school educators.  You can find information about currently offered programs at the California Private Schools Professional Development website.

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Why is the available amount of Title II, Part A funding so much less than I had expected?

If your private school is located within the Los Angeles Unified School District, chances are you were disappointed to learn that fewer Title II, Part A funds will be available under ESSA for the 2017-18 school year.  We explain why, here.

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“Supplement, not supplant…”

Although regulations and guidance governing Title II, Part A have yet to be issued, it’s likely that ESSA will maintain a well established condition known as “supplement, not supplant.”  What this means is that federal Title IIA funds cannot be used to pay for a school’s existing professional development programming.  For example, if the CAPSO Private School has included funding in its regular operating budget to provide its faculty with an annual professional development day, it cannot use Title IIA funds in lieu of the money it has budgeted.  To do so would be to supplant the school’s professional development program through the use of federal funds.  Title IIA funds must instead be used to supplement existing programs and activities by providing opportunities for continuing professional learning that a school would not otherwise have been able to provide.

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“Secular, neutral, and nonideological…”

Another longstanding requirement governing the use of Title IIA funds is that the professional development activities in question must be of a secular, neutral, and nonideological nature.  This means that the funds may not be used to pay for programs designed to support religious instruction, or used in any manner intended to advance or inhibit religion, or particular political views.

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This requirement does not mean that Title IIA funds may never be used to underwrite the participation of private school educators in a conference conducted under the auspices of a religious entity.  However, funding must be limited to support educators’ participation in only those elements of such programs that are secular, neutral, and nonideological.  For example, if a conference contains a series of sessions designed to help teachers better evaluate students’ mastery of reading skills, Title IIA funds might be deemed permissible to underwrite participants’ involvement in that portion of the conference.  If, however, the sessions in question focused on helping teachers to better evaluate students’ mastery of various Biblical precepts, federal funding would be impermissible.  Whether or not a particular professional development program meets the eligibility criteria for Title IIA funding is a question to be addressed early on in the consultative process.

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Title III, Part A in a Nutshell

Title III, Part A provides funding intended to help English learners and eligible immigrant students speak, read, write, and comprehend the English language with sufficient proficiency to meet high academic standards.  Participating students are identified through the administration of various surveys, and must undergo a district-approved English language assessment to establish their eligibility.  Qualifying private school students are eligible to receive federally funded, high-quality language instruction grounded in scientifically-based research, and their teachers are eligible to receive professional development designed to improve the instruction and assessment of English learners.

The amount of funding to be set-aside for a given private school is determined by number of eligible English learners enrolled in the school as a percentage of all eligible English learners enrolled in a district’s public and private schools.

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Title III, Part A: Language Instruction for English Learners and Immigrant Students

 

Title III, Part A makes funding available to help English learners and eligible immigrant students develop English proficiency and meet the same academic content and academic achievement standards that other children are expected to attain.  This program is subject to the private school equitability requirements established in ESSA §8501(b)(1)(C).  If the public school district in which your private school is located receives Title IIIA funding, and your school enrolls children who meet the program’s eligibility requirements, you should discuss the procedures governing participation, and the services that are available when you engage in consultation with your school’s public school district representatives.  Teachers may also be eligible to receive professional development assistance designed to improve their effectiveness in assisting English language learners.

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How does Title III, Part A funding work?

Public school districts wishing to make Title III, Part A services available to students and teachers must make application to the California Department of Education.  A list of participating districts can be viewed here.  The amount of money a district must set aside to provide services to private school students and their teachers is a function of the total number of private school students identified as eligible to receive such services, expressed as a percentage of all public and private school students within a district that are determined to be eligible.

 

Example:  Assume that the CAPSO Private School is located within the Friendly Public School District, and that 20 CAPSO students have been found eligible to receive Title III-A services, out of a total of 2,000 eligible students, district-wide.  Since 20 equals one percent of 2,000, the district must reserve one percent of its Title III-A allocation to provide services to CAPSO Private School’s students, and their teachers.  If the district’s total Title III-A allocation is $200,000, it must set aside $2,000 – or, $100 per-pupil – for that particular private school’s students and teachers.

Keep in mind:  On the basis of district applications, and the number of children identified as eligible for receipt of Title III, Part A services, the California Department of Education has estimated that approximately $93.00 per-pupil will be available to provide Title III-A services during the 2016-17 school year.  Private schools may wish to consider the possibility of pooling funds in order to access certain services (e.g., professional development for teachers).

How are eligible children identified?

Private school officials should discuss this question with their local public school district representatives at the earliest possible date.  If you are told that the district is awaiting the issuance of regulations and/or guidance, respond in a polite, but assertive manner, by directing your colleagues’ attention to the following section of the ESSA statute:

“Educational services and other benefits provided under this section for private school children, teachers, and other educational personnel shall be equitable in comparison to services and other benefits for public school children, teachers, and other educational personnel participating in the program and shall be provided in a timely manner.”  (ESSA §8501(a)(3)(A))

 

In other words, if the public school children are receiving Title IIIA services, waiting for federal regulations, or guidance is not an option.  Eligible private school children must be provided with comparable opportunities.

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A private school will likely be required to administer a Home Language Survey – which it should be able to obtain from its local public school district at no cost – to identify households in which English is not the primary language. To identify immigrant students, private schools should complete the Student National Origin Report, which the California Department of Education makes available online.

Children identified via the above-mentioned processes must undergo an English language assessment (see “The CELDT” in the sidebar to the right) to determine whether they qualify as English learners.  The school district should administer the assessment at no cost to the student, or the private school.

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What kinds of programs and services can be provided?

While the answer to this question awaits the issuance of new regulations and guidance, Title III, Part A has, in past years, provided English learners and immigrant students, teachers, and parents an array of opportunities, that include, but are not limited to:

• access to high-quality language instruction programs that are grounded in scientifically-based research demonstrating effectiveness in increasing English proficiency and student academic achievement in the core academic subjects;

• high quality professional development for classroom teachers (including teachers in classroom settings that are not the setting of language instruction educational programs), principals, administrators, and other school or community-based organizational personnel;

• tutorials, mentoring, and academic or career counseling for immigrant children and youth;

• family literacy, parent outreach, and training activitie sdesigned to assist parents to become active participants in the education of their children; and,

• activities coordinated with community-based organizations, including private sector entities, to assist parents of immigrant children and youth by offering comprehensive community services.

 

Consultation

By now you know that consultation should be initiated at an early date, well in advance of the coming school year.  You should inquire about possible Title III, Part A participation, even if you’re not sure that your school currently enrolls students who would qualify to receive services.  Let your district colleagues tell you whether Title III-A services are available and, if so, how your eligible students should be identified.  Remember – you’re under no obligation to participate, but receiving information doesn’t hurt!

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If you think you’d like to pursue participation in Title III, Part A, be sure to discuss how your participating students will be periodically assessed after they’ve begun to receive services.  The district will be required to submit evaluation reports to the California Department of Education (probably once every two years).  It will need to furnish information about how participating students are making progress toward attaining English proficiency, as well as answer other questions that may not be applicable to students enrolled in private schools.  Agreeing in advance about the simplest means of evaluating your participating students’ progress will prove helpful.

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The CELDT

Most California public school districts use the California English Language Development Test (CELDT) to identify English learners.  State law, however, restricts administration of the CELDT to public school students.  Do not despair!  Other tests can be substituted, though they will need to meet certain technical requirements.  If your district contact is not knowledgeable of such tests, ask him/her to either contact the Title III, Part A consultant at the California Department of Education, or speak with a Title III-A coordinator at a large public school district in which private school students may be participating.

It doesn’t hurt to ask…

By now you should be aware that a school district can’t simply offer private school students and teachers opportunities to participate in programs it has created for its public schools…and leave it at that.  At the same time, there’s nothing in the law that prohibits private school teachers from participating in a professional development program developed by a public school district for its teachers.  Many such programs are outstanding, and if space is available, districts are often happy to include private school teachers.  Because the participation of additional teachers lowers the per-participant cost of providing the training, both the district and its private schools can benefit from economy of scale savings.   Title III, Part A is certainly one ESSA program where it makes sense to consider such a possibility.

…and it’s always about relationships.

Title III, Part A can be tricky to navigate.  To establish eligibility for participation, students need to be identified, assessed, and periodically re-assessed to gauge their progress and fine-tune services received.  Your school may enroll only a small number of English learners and/or immigrant children, and the amount of available funding may be modest.  Regardless, you should not hesitate to discuss possible Title III, Part A services when they engage in consultation with your public school district representatives.  If you’ve established a cordial working relationship, your colleague can help ease the path to participation.  And, if participation doesn’t appear to be a good option, your colleague might consider offering one or more of your faculty an opportunity to participate in a great in-service program the district is conducting for its teachers, without requiring formal participation in Title III-A.  It’s been known to happen!

Title IV, Part A in a Nutshell

Title IV, Part A provides block grant funding that enables participating public school districts and state departments of education to offer programs and activities in three broad areas: promoting a well-rounded education, supporting safe and healthy students, and using technology to improve academic achievement.  If a public school district receives Title IV, Part A funding, a proportionate share of funds must be used to provide comparable opportunities for participation to private school students and educators.

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Title IV, Part A: Student Support & Academic Enrichment Grants

Those of you who were familiar with No Child Left Behind knew this particular program as “Safe and Drug Free Schools.”  Under ESSA, however, Title IV, Part A has morphed into a new, broadly inclusive block grant that can be used by public school districts and (to a lesser extent) state departments of education for myriad purposes.  That’s good news!  Better yet, funding for this program is subject to the equitability provisions of ESSA §8501, meaning that a proportionate share of money must be used to provide comparable services to private school students and educators.

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What kind of activities can Title IV, Part A fund?

Participating public school districts must use Title IV, Part A funds to address each of the following three purposes:

1. to develop and implement programs and activities that support access to a well-rounded education (ESSA §4107(a));

2. to support safe and healthy students (ESSA §4108); and,

3. to improve the use of technology to improve the academic achievement, academic growth, and digital literacy of all students (ESSA §4109(a)).

 

If a public school district receives more than $30,000 in Title IV, Part A funding, it must conduct a needs assessment and spend at least 20 percent of its allocation on programs/activities that support access to a well-rounded education, and not less than 20 percent on programs/activities that support safe and healthy students.  The remaining funds may be spent on any of the three categories, with the proviso that no more than 15 percent of the total allocation may be spent for devices, equipment, software and digital content.

The three categories cover considerable ground.  The following are among the allowable uses of funds mentioned in the statute as examples of programs and activities that support access to a well-rounded education:

• college and career guidance and counseling programs;

• financial literacy and Federal financial aid awareness activities;

• programs and activities that use music and the arts as tools to support student success through the promotion of constructive student engagement, problem solving, and conflict resolution;

• programming and activities to improve instruction and student engagement in science, technology, engineering, and mathematics, including computer science;

• activities to promote the development, implementation, and strengthening of programs to teach traditional American history, civics, economics, geography, or government education;

• foreign language instruction;

• environmental education;

• programs and activities that promote volunteerism and community involvement;

• programs and activities that support educational programs that integrate multiple disciplines, such as programs that combine arts and mathematics; and,

• other activities and programs to support student access to, and success in, a variety of well-rounded education experiences.

 

Similarly, each of the other two areas – safe and healthy students, and use of technology – permit Title IV, Part A funds to be used to provide a broad array of programs and activities.  As is true of other ESSA programs, Title IV, Part A funds must be used to supplement, not supplantactivities that participating schools (whether public or private) would ordinarily provide.  (See Title II, Part A sidebar.)

 

How does Title IV, Part A funding work?

ESSA authorizes $1.0 billion for Title IV, Part A in fiscal year 2017, and $1.1 billion in each of the following three years.  (Remember: the authorization level is a funding limit, not a floor.  See Title I sidebar.)  State departments of education are permitted to retain up to four percent of the total state allocation to provide Title IV, Part A state activities.  The remaining funds are allocated to public school districts that have applied to participate in the program.  Given the flexibility and funding offered by Title IV, Part A, most public school districts can be expected to participate. That’s good news for private schools!

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Example:  Assume that in the Friendly Public School District 92,000 students are enrolled in public schools, and 8,000 students are enrolled in nonprofit private schools.  Further assume that the district’s total ESSA Title IV, Part A allocation is $3 million.  Because the district’s private school enrollment equals 8 percent of the total public-plus-private school enrollment, $240,000 would be set aside to provide professional development activities for the district’s private school educators.  A particular private school with a total enrollment of 250 students would be entitled to receive 250 X $30 = $7,500 worth of Title IV, Part A services.

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Remember:  Be sure to ask whether your public school district will be participating in Title IV, Part A when you engage in your preliminary consultation for the coming school year.  Not all districts will be recipients of Title IV-A funding, but those that will must provide comparable services to private school students and educators with equitable funding.  Bear in mind that “comparable” doesn’t mean “same.”  Your students and faculty are not required to participate in the same Title IV, Part A activities as their public school counterparts.  Because this new ESSA program affords considerable latitude when it comes to allowable uses, you’ll want to think carefully about how to best utilize these funds.  Finally, don’t forget that the opportunity to pool funds with other private schools in your district applies to Title IV, Part A.

 

Title IV, Part B: 21st Century Community Learning Centers

This ESSA program works somewhat differently from the others we’ve encountered thus far.  Title IV, Part B is a competitive grant program, meaning that funding isn’t automatically sent to states and school districts, or reserved for districts that meet certain requirements.  Instead, prospective recipients of funding must create grant proposals, and compete against other applicants for awards.  The proposals are judged by persons trained by the U.S. Department of Education staff, which is not under any legal obligation to allocate funds simply because an application has been submitted.

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Title IV, Part B grants are awarded to support academic enrichment programs that take place outside of regular school hours, including summer.  Eligible applicants include public school districts, community-based organizations, other public or private entities, and/or consortia of two or more such agencies, organizations, or entities (ESSA §4201(b)(3)).  As private entities, private schools are eligible to make application for Title IV, Part B grants, though in practice, few do so.

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Because Title IV, Part A is subject to the private school equitability provisions found in ESSA §8501, recipients of grants must make the funded programs they operate available to children enrolled in private schools.  In addition to offering programming and activities designed to help students succeed academically, Title IV, Part A offers families of students served by grant recipients, “…opportunities for active and meaningful engagement in their children’s education, including opportunities for literacy and related educational development.” (ESSA § 4201(b)(1)(B)).

Title IV, Part F, Subpart 4, Section 4644

This subpart of Title IV is more popularly known as the “Jacob K. Javits Gifted and Talented Students Education Program,” in honor of the late former U.S. Senator from the state of New York.  The purpose of the program is “to build and enhance the ability of elementary schools and secondary schools nationwide to identify gifted and talented students and meet their special educational needs.” (ESSA §4644(a))  Available funding may be used for the purpose of “establishing and operating programs and projects for identifying and serving gifted and talented students.” (ESSA §4644(c)(2)).

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Section 4644 has a special subsection that addresses the participation of private school children and teachers.  It reads as follows:

“In making grants and entering into contracts under this section, the Secretary shall ensure, where appropriate, that provision is made for the equitable participation of students and teachers in private nonprofit elementary schools and secondary schools, including the participation of teachers and other personnel in professional development programs serving such students.” (ESSA §4644(g))

While this particular ESSA program is not heavily funded, private school officials should, nevertheless, inquire about opportunities for participation when they engage in consultation with their public school district colleagues in advance of a new school year.

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Written Assurances

Occasionally, a public school district colleague may tell a private school official that, although the district is participating in Title IV, Part A, he/she isn’t sure whether ESSA’s private school equitability requirements are applicable.  While that particular individual may, indeed, be unaware, someone in a position of authority at the district provided a written assurance to the state department of education noting that the district will comply with the private school equitability requirements found in ESSA § 4106(e)(2)(B).  In fact, not only must districts provide such a written assurances in their application to state departments of education; state departments of education must provide similar written assurances to the U.S. Department of Education.

 

What makes consultation “timely?”

When the ESSA statute addresses consultation, it’s a safe bet that the word will be preceded by the term “timely and meaningful.”  So, what makes consultation timely?

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The ESSA statute tells us that consultation must meet two general criteria in order to be considered “timely.”  We mentioned the first of these on the “Consultation” page, but it bears repeating: to be “timely,” consultation must take place “…before the local educational agency makes any decision that affects the opportunities of eligible private school children to participate” in the relevant programs.  The second criterion for timeliness is that consultation must not be a “one and done” event.  To be considered “timely,” consultation must occur throughoutthe implementation and assessment of services, or activities  (ESSA Sections 1117(b)(3) and 8501(c)(3)).

 

Formula Grants vs. Competitive Grants

Most ESSA programs are funded by grants awarded by the federal government to states and local public school districts.  The grants fall into one of two categories.  Formula Grantsmay require recipients to make application, but once eligibility requirements have been satisfied, states and districts are virtually assured of receiving funds.  The respective amount of funds received is determined on the basis of a various formulas that vary from program to program, but generally consider the total number of students in a jurisdiction, and the percentage of those students whose families meet a poverty criterion.  Jurisdictions with more students and higher incidences of poverty will receive proportionately greater funding.  The total amount of available funding is determined by the amount of money appropriated by Congress for a particular year, and is capped by a program’s authorization level.

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Competitive Grantsoffer no guarantee when it comes to receipt of funding.  Would-be recipients of funding prepare applications in which they answer a set of questions and provide specific information required by the federal government.  The completed grant applications are then submitted to the U.S. Department of Education under whose auspices they are scored by a group of trained judges.

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