Title III, Part A 4/10/2015

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1 1 Equitable Participation of Private Nonprofit (PNP) Schools in Title III, Part A April 2015 Curriculum Division Texas Education Agency 2 Equitable Services Requirements: WHY Section 9501 of the ESEA (Title IX, Part E Uniform Provisions) applies to parts of Title I, Part B, Titles II, III, and IV, including Title III, Part A. After timely and meaningful consultation with appropriate private school officials, local education agencies (LEAs) receiving Title III funds must provide educational services to limited English proficient (LEP) children and their teachers or other educational personnel in private schools that are located in the geographic area served by the LEA. (section 9501 of the Elementary and Secondary Education Act of 1965, as amended) 3 Equitable Services Requirements: WHAT Consultation with private school officials during the design and implementation of the program Services and benefits, not funds, designed and implemented by the LEA in consultation with private school officials, to meet the needs of the private school students and teachers. Note: Procedures should not constitute an administrative barrier that is inconsistent with the responsibility to ensure equitable participation of private school students, teachers, and other educational personnel. (Section 9501 of ESEA) 2015 by the Texas Education Agency 1

2 4 Equitable Services Requirements: WHO Attends a PNP in the LEA s attendance area Student Identified as LEP and/or Immigrant (based on consultation) Teacher Serves eligible students 5 Identifying the PNP School Student as LEP The identification process must be addressed during consultation with the PNP. The identification process based on State policy (Home Language Survey, assessment from list of approved tests, etc.) may be used in identifying potentially LEP private school students. However, the LEA cannot require a private school to administer an English language proficiency assessment or follow the State s process as a condition for equitable Title III services. 6 How the PNP Student is Identified as LEP LEA is responsible for ensuring student is identified (as addressed in consultation). If an assessment is used, it is allowable to use Title III funds to cover costs*. Cost incurred for administering an assessment would NOT be considered an administrative cost. *Including materials, Title-III funded staff, etc., but only for this purpose 2015 by the Texas Education Agency 2

3 7 Determining Need Based on Multiple Educational Criteria LEA selects participants based on the criteria addressed through consultation. Baseline Criteria Identified as LEP (required) Priority of Need If selecting participants from a pool of LEP students, the LEA and PNP official may prioritize services based on language proficiency and/or academic need. Other - Any additional criteria may be considered, as addressed during consultation. 8 Key Points to Remember LEA selects the participants LEA maintains control of the program PNPs receive services, NOT funds Services cannot benefit the private school 9 Title III, Part A Professional Development Is for teachers of English language learners (ELLs) Should be addressed during the initial consultation and throughout the implementation and assessment of services Should support teachers ability to best serve ELLs 2015 by the Texas Education Agency 3

4 10 Participation of PNPs: Key Points Unique to Title III 11 PNP Title III, Part A Immigrant Eligibility A PNP school student is eligible to receive services funded through Title III, Part A Immigrant if: LEA receives a Title III, Part A Immigrant subgrant; Student is enrolled at a PNP in LEA attendance area; and Student is identified by LEA as Immigrant, based on Title III definition. 12 PNP Title III, Part A Immigrant Eligibility Title III definition of Immigrant student: is age 3 through 21; was not born in any state; and has not been attending one or more schools in any one or more states* for more than 3 full academic years. *The term, State, refers to each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico by the Texas Education Agency 4

5 13 Equitable Services Requirements: (Consultation) WHEN Consultation should occur before the LEA completes their NCLB Consolidated Application (PS3106, Part 1 and Part 2) before the LEA makes any decisions that affect the opportunities of private school children, teachers, and other educational personnel to participate in services annually, even if the private schools officials have declined services in past years 14 Equitable Services Requirements: (Consultation) HOW The LEA is responsible for initiating the consultation. Adequate notice of consultation is critical to ensuring meaningful consultation. The consultation may be conducted in person at the private school, online, or through large group meetings where the LEA informs private schools about the services available. Consultation should be ongoing and must continue throughout the implementation and assessment of services. 15 Consultation Topics that Must be Discussed How children s and teacher s needs will be identified; What services will be offered; How, where, and by whom the services will be provided; How the services will be assessed (evaluated); 2015 by the Texas Education Agency 5

6 16 Consultation Topics that Must be Discussed The size and scope of the Equitable Services How and when decisions will be made concerning service delivery mechanism(s); and Criteria for exiting students from LEP status. 17 Equitable Service Requirements: Fiscal Considerations The LEA must always maintain control of the program funds, as well as title to all materials, equipment, and property purchased with federal funds. Only the LEA may obligate and expend federal funds on behalf of private school students and teachers. 18 Equitable Service Requirements: Fiscal Considerations Title III funds may not be used to finance the existing level of instruction in a private schools. Services must be supplemental and not supplant the Federal, State, or local funds the private school would otherwise offer absent the Title III program. (section 3115(g) of the ESEA) 2015 by the Texas Education Agency 6

7 19 REVIEW: Equitable Services Requirements Why How What When Who 20 Question and Answer 21 Determining Title III Services to be Provided Question #1: How does an LEA determine what Title III services are to be provided? An LEA, in consultation with appropriate private school officials, determines the appropriate Title III services based on the needs of the identified LEP private school students and their teachers or other educational personnel and the amount of funds available for such services, subject to the expenditure requirements under 9501 of ESEA. The Title III services provided by the LEA for private school LEP students should be designed to meet their educational needs and supplement the educational services provided by the private school. These services may be provided directly by the LEA or by a third-party contractor who is independent of the private school and any religious organization. Title III services must be secular, neutral, and non-ideological. Source: USDE Webinar on the Equitable Services Requirements- Services to Limited English Proficient (LEP) Students in Private Schools, August 21, by the Texas Education Agency 7

8 22 Title III Program Design Question #2: Must an LEA s Title III program design be the same for both public and private school students and educational personnel? No. Consultation and coordination between LEA and private school officials are essential to ensure a high-quality program that meets the needs of the LEP students being served to assist them in attaining English proficiency. The LEA must assess the needs of the private school students and educational personnel in designing a program that meets their needs. If their needs are different from those of the public school students and educational personnel, the LEA, in conjunction with private school officials, must develop a separate program design that is appropriate for their needs. Source: USDE Webinar on the Equitable Services Requirements- Services to Limited English Proficient (LEP) Students in Private Schools, August 21, Title III Part A: Students Residing in Mexico and Other States Question #3: How does a private school student s residency in Mexico and other states affect their eligibility for Title III services? A private school student is eligible for Title III services only if the student meets the limited English proficient (LEP) eligibility criteria [as defined in Section 9101 (25) of ESEA] and attends a PNP located in an area served by the LEA which receives a Title III, Part A subgrant. However, an eligible student s residency is not a factor (unlike Title I Part A), even if residing in Mexico or another state. Source: Title IX, Part E Subpart 1 Private Schools Guidance (Questions E-1 and E-4) 24 Immigrant Eligibility and Department of Defense (DOD) Schools Question #4: Would overseas DOD schools count as schools in the United States? U.S. Department of Education regulations define "recently arrived" LEP students as a "student with limited English proficiency who has attended schools in the United States for less than twelve months." "Schools in the United States" is defined to include only schools in the 50 States and the District of Columbia. Therefore, DOD schools do not count as schools in the United States. For the purpose of the Title III immigrant grant, the time during which students were enrolled in DOD schools does not count as time attending one or more schools in any one or more States. [ESEA section 3301(6)] 2015 by the Texas Education Agency 8

9 25 Control of Title III Funds Question #5: Who has control of the Title III program funds? Under section 9501(d) of ESEA, the LEA must always maintain control of the program funds as well as title to all materials, equipment, and property purchased with federal funds. 26 Title III: Annual Measurable Achievement Objectives (AMAOs) Question #6: Are participating students from the PNP included in Title III AMAO determinations? No. The Title III Annual Measurable Achievement Objectives (AMAOs) calculations for the LEA only include students who took the TELPAS and were found on the Public Education Information Management System (PEIMS) by the Texas Education Agency Copyright Notice. The Materials are copyrighted and trademarked as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions: 1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts and schools educational use without obtaining permission from TEA. 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA. 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way. 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty. For information contact: Office of Copyrights, Trademarks, License Agreements, and Royalties, Texas Education Agency, 1701 N. Congress Ave., Austin, TX ; phone ; by the Texas Education Agency 9

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