ESSA Updates: Non-public / Private Schools Equitable Services 2016 ESEA Directors Institute August 24, 2016

Renee Palakovic Director of Planning Division of Consolidated Planning & Monitoring Renee.Palakovic@tn.gov (615) 253-3786

Session Objective

ESSA Changes to Equitable Services The enactment of the Every Student Succeeds Act (ESSA) requires numerous changes to requirements for providing equitable services to non-public school students. The location of equitable services has changed: Title I provisions are now in Section 1117 (formerly 1120) Provisions for all other ESEA programs are in Title VIII (formerly Title IX)

ESSA Changes to Equitable Services The most significant changes to equitable services requirements include: Identification of a state “Ombudsman” Changes in determining equitable share of federal funds New consultation requirements Increased SEA compliance and oversight role

Session Objective This session will provide in-depth information and explanations of: The significant changes and what they mean for LEAs and participating non-public schools The timeline for implementation of new requirements Anticipated dates for additional guidance from the U.S. Department of Education Time will also be provided at the end for questions.

Changes to Equitable Services

The “Ombudsman” Section 1117(a)(3)(B) of ESEA (as amended by ESSA): “To help ensure such equity for such private school children, teachers, and other educational personnel, the SEA involved shall designate an ombudsman to monitor and enforce the requirements of this part.” Section 8501(a)(3(B) of ESEA (as amended by ESSA): “To help ensure equitable services are provided to private school children, teachers, and other educational personnel under this section, the SEA involved shall direct the ombudsman designated by the agency under section 1117 to monitor and enforce the requirements of this section.” an official appointed to investigate individuals' complaints against maladministration, especially that of public authorities. An official appointed by a government or other organization to investigate complaints against people in authority. This position is designed to give those with less power — the “little people” — a voice in the operation of large organizations.

Responsibilities of the Ombudsman Section 1117 outlines requirements for equitable participation in Title I, Part A. Section 8501outlines requirements for equitable participation in: Title I, Part C (Migrant Education) Title II, Part A (Supporting Effective Instruction) Title III, Part A (English Language Acquisition) Title IV, Part A (Student Support & Academic Enrichment) Title IV, Part B (21st CCLC) The ombudsman will be responsible to monitor and enforce ALL equitable services provisions of ESEA.

Equitable Share of Funds TITLE I: Section 1117(a)(4)(A)(ii) : The proportionate share of funds for equitable services must be determined based on the total amount of Title I funds received by an LEA prior to any allowable expenditure or transfers by the LEA. How is this different from what we do now? LEA’s currently do not have to determine an equitable share of Title I funds set aside for: Preschool Homeless Priority and focus school support Anticipated carryover Salary equalization

Equitable Share of Funds All programs requiring equitable share: Section 1117(a)(4)(B) and Section 8501(a)(4)(B) Funds allocated to LEAs for educational services and other benefits to eligible non-public school children shall be obligated in the fiscal year for which the funds are received by the LEA. How is this different from what we do now? There is no requirement for funds set aside for non-public services to be spent during the initial fiscal year. Currently, unobligated funds from the non-public set aside can be carried over and put back into the total “pot” and are not required to be used for non-public services.

Equitable Share of Funds All programs requiring equitable share: Section 1117(a)(4)(C) and Section 8501(a)(4)(C) SEAs must provide timely notice to appropriate non-public school officials in the state of the allocation of funds for equitable services that LEAs have determined are available for eligible non-public school children. How is this different from what we do now? The LEA provides information regarding funds available directly to the non-public schools as part of the consultation process. The SEA has no role in communicating with non-public schools regarding LEA funding.

Consultation Requirements Section 1117(b)(1) and Section 8501(c)(1) Timely and meaningful consultation requirements have been changed to include: Title I: How the proportionate share of funds is determined Whether or not to pool funds for services All Programs: Whether services will be provided directly or through a separate government agency, consortium, entity, or third-party contractor When, including the approximate time of day, services will be provided Whether to consolidate and coordinate equitable funds from Title I with other funds for equitable services

Consultation Requirements Title I: Section 1117(b)(1) The results of the consultation between the LEA and non-public schools must be transmitted to the ombudsman. All programs: Section 1117(b)(2) and Section 8501 (c)(2) If an LEA disagrees with the view of the non-public school officials regarding any of the issues subject to consultation, the LEA must provide non-public school officials written reasons why it disagrees. All programs: Section 1117(b)(4) and Section 8501(c)(5) LEAs must maintain a written affirmation of meaningful consultation, signed by non-public school officials. It must provide the option for non-public school officials to indicate their belief that timely and meaningful consultation has not occurred or that the program design is not equitable.

Consultation Requirements All programs requiring equitable share: Section 1117(b)(1) and Section 8501(c)(1) LEAs and non-public school officials must BOTH have the goal of reaching agreement on how to provide equitable services.

Consultation Requirements How are the consultation changes different from what we do now? These new requirements will now need to be part of conversations with non-public school officials. The LEA cannot deny the requests of the non-public school during the consultation; that must occur after consultation and be in writing. Results of consultation are not currently submitted to the SEA. A signed, written affirmation of consultation providing the opportunity for non-public officials to indicate that timely and meaningful has not occurred or that services are not equitable will need to part of the process going forward.

SEA Oversight of Equitable Services Complaint procedures are now applicable to all programs and services provided to non-public school students. Previously this only applied to Title I, Part A. Non-public schools are guaranteed the right to file a complaint with the SEA if they believe that: timely and meaningful consultation did not occur; the LEA did not give due consideration to the views of the non-public school officials; or the funds generated or services to be provided are not equitable. The SEA must respond to complaints within 45 days in most cases.

SEA Oversight of Equitable Services The SEA must provide Title I equitable services directly or through contract if non-public school officials have: requested the SEA to provide such services; AND demonstrated that the LEA has not met the Title I equitable services requirements required in either Title I or Title VIII.

Timeline for Implementation

Orderly Transition Changes in equitable service requirements will take effect in the 2017-18 school year. Planning for the 2017-18 school year will begin in early spring (if not before), so new requirements will need to be implemented as part of that process. USEd is very aware of the need for guidance regarding implementation of these new requirements as soon as possible. Anticipates guidance by the end of the calendar year

Questions

Notifications can also be submitted electronically at: FRAUD, WASTE, or ABUSE Citizens and agencies are encouraged to report fraud, waste, or abuse in State and Local government. NOTICE: This agency is a recipient of taxpayer funding. If you observe an agency director or employee engaging in any activity which you consider to be illegal, improper or wasteful, please call the state Comptroller’s toll-free Hotline: 1-800-232-5454 Notifications can also be submitted electronically at: http://www.comptroller.tn.gov/hotline