Superintendent's Memo #207-09

State seal, Commonwealth of Virginia

COMMONWEALTH of VIRGINIA
Department of Education

August 7, 2009

TO: Division Superintendents

FROM: Patricia I. Wright, Superintendent of Public Instruction

SUBJECT: Survey of Private, Nonprofit Schools for Federal Program Participation


Part 1: Eligibility of Private Schools to Participate in Federal Programs under NCLB

The Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (NCLB), provides in Section 9501 of Title IX, that private, nonprofit elementary and secondary school students, teachers, and other educational personnel are eligible to participate in nine programs authorized under the Act. Each school division is obligated to inform officials of private schools located within the division's boundary that private, nonprofit elementary and secondary schools are eligible to participate on an equitable basis in the following federal programs:

  1. Title I, Part B, Subpart 1 (Reading First);
  2. Title I, Part B, Subpart 3 (Even Start Family Literacy);
  3. Title I, Part C (Education of Migrant Children);
  4. Title II, Part A (Teacher and Principal Training and Recruiting – if grant funds are used for professional development for teachers and other personnel);
  5. Title II, Part B (Mathematics and Science Partnerships);
  6. Title II, Part D (Enhancing Education through Technology);
  7. Title III, Part A (English Language Acquisition, Language Enhancement, and Academic Achievement);
  8. Title IV, Part A (Safe and Drug-Free Schools and Communities);
  9. Title IV, Part B (21st Century Community Learning Centers).

Title I, Part A, Section 1120 of NCLB has its own provisions governing participation requirements under its portion of the law and is not governed by Section 9501 of Title IX. Virginia has entered into a bypass contract on behalf of 14 school divisions in the state. This means that the U.S. Department of Education directly provides Title I, Part A, equitable services to private school students and teachers through a third-party provider in these 14 Virginia school divisions. All other school divisions must inform officials of private schools located within the division's boundary that private, nonprofit schools are eligible to participate on an equitable basis in Title I, Part A.

A PowerPoint presentation and accompanying webinars on providing equitable services to private schools for the above nine title programs as well as Title I, Part A, can be found at the following website: http://www.doe.virginia.gov/federal_programs/esea/title9/index.shtml. The Title IX, Part E, Uniform Provisions, Subpart 1–Private Schools Non-Regulatory Guidance, Revised March 2009, located at: http://www.ed.gov/policy/elsec/guid/equitableserguidance.doc has samples of consultation letters, intent to participate forms, and other reference materials that may be helpful when contacting and consulting with private schools officials.


Part 2: Collection of the Number of Students Enrolled in Title II, Part A; Title II, Part D; Title III, Part A; and Title IV, Part A

In addition to informing private school officials of the eligibility to participate, each school division is also responsible for ascertaining the number of students enrolled in private, nonprofit elementary and secondary schools during the 2009-2010 school year who are eligible to participate in the following four programs:

These enrollments will be used for the purpose of determining private schools set-aside amounts for Title II, Part A; meeting reporting requirements for Title II, Part D, and Title III, Part A; and distributing allocations for Title IV, Part A. An accurate and complete count of eligible students enrolled in private, nonprofit schools is critical to achieving an equitable distribution of funds to support private school participation in these programs and for accurate federal reporting.

Pursuant to this memorandum, all school divisions are required to submit the necessary data to the Virginia Department of Education using an Excel template accompanied by a certification from the division superintendent. A check box is provided in the Excel template for school divisions to indicate that there are no private schools to survey within the division boundary, if applicable. The Excel file can be downloaded from the following Web address: http://www.doe.virginia.gov/info_management/data_collection/finance/index.shtml

The following attachments to this memorandum provide detailed instructions and forms for collecting and submitting the 2009-2010 school year enrollment data that will be used for the 2010-2011 school year for Title II, Part A; Title II, Part D; Title III, Part A; and Title IV, Part A:

The record of mail certification and delivery should be maintained by the school division. Private, nonprofit schools should return this form to the appropriate school division no later than October 2, 2009.

Federal program allocations or set-asides cannot be determined accurately for any school division until all divisions have returned the required participation data. Please complete the Excel template and e-mail it to the Virginia Department of Education at k12budget@doe.virginia.gov no later than October 16, 2009. The division superintendent's certification is also due to the Department by October 16, 2009, and should be mailed to:

Virginia Department of Education
Budget Office
P.O. Box 2120
Richmond, Virginia 23218-2120
or
Fax to: (804) 225-2300


Part 3: Change in Process for Collection of Number of Private School Students Enrolled in Title II, Part A; Title II, Part D; Title III, Part A; and Title IV, Part A for 2010-2011

Please be advised that after this year's data collection and beginning in 2010-2011, there will be a change in the process by which school divisions collect and report information on the number of students enrolled in private, nonprofit elementary and secondary schools that are eligible to participate in the following four programs: 1) Title II, Part A (professional development activities only); 2) Title II, Part D; 3) Title III, Part A; and 4) Title IV, Part A.

A superintendent's memorandum will be released in the summer of 2010 with a reminder to school divisions to contact private schools about their intent to participate in activities for the 2011-2012 school year. However, the data collected for the four programs listed above will no longer be submitted to the Department's budget office. Instead, school divisions will report the data collected on private school participation for these four programs in a designated place in the consolidated or individual grant application.

An accurate and complete count of students enrolled in private, nonprofit schools participating in these federal programs is critical to achieving an equitable distribution of funds or services to support private school participation and for accurate federal reporting. Additional information will be forthcoming with the 2010-2011 grant applications, but if there are specific questions, please contact the appropriate individual listed below.

If you have questions regarding the Excel template or the accompanying instructions for the data collection of students enrolled in Title II, Part A; Title II, Part D; Title III, Part A; and Title IV, Part A, please contact the budget office at (804) 225-2025. If you have general questions regarding providing equitable services to private schools, please contact Diane Jay, associate director, Office of Program Administration and Accountability at Diane.Jay@doe.virginia.gov or at (804) 225-2905.

PIW / BKL / srt

Attachments:

a. Instructions for Accessing the EXCEL Template (PDF)

b. Private, Nonprofit School Intent to Participate Form for Title II, Part A; Title II, Part D; Title III, Part A; and Title IV, Part A (PDF)