Superintendent's Memo #054-10

State seal, Commonwealth of Virginia

COMMONWEALTH of VIRGINIA
Department of Education

March 12, 2010

TO: Division Superintendents

FROM: Patricia I. Wright, Superintendent of Public Instruction

SUBJECT: Eligibility of Private Schools to Participate in Federal Programs under the No Child Left Behind Act of 2001 (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); and
  8. 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.

School divisions should contact private schools within their boundaries about their intent to participate in activities for the 2010-2011 school year. Samples of consultation letters, intent to participate forms, and other reference materials that may be helpful when contacting and consulting with private school officials can be found in 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. A PowerPoint presentation and accompanying webinars on providing equitable services to private schools for the above 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.

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. If you have specific questions regarding private school participation in a particular NCLB program, please contact the Department specialist working with that program.

PIW/dlj