Superintendent’s Memo #019-14

State seal, Commonwealth of Virginia

COMMONWEALTH of VIRGINIA
Department of Education

January 24, 2014

TO:  Division Superintendents

FROM:  Patricia I. Wright, Superintendent of Public Instruction

SUBJECT:  Eligibility of Private Schools to Participate in Federal Programs under the Elementary and Secondary Education Act of 1965 (ESEA)

Title IX, Part E, Uniform Provisions, Subpart I—Private Schools
Under Section 9501 of Title IX of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB), private, nonprofit elementary and secondary school students, teachers, and other educational personnel are eligible to participate in federally-funded programs as 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 C (Education of Migratory Children);
  2. Title II, Part A (Teacher and Principal Training and Recruiting – if grant funds are used for professional development for teachers and other personnel);
  3. Title II, Part B (Mathematics and Science Partnerships);
  4. Title III, Part A (English Language Acquisition, Language Enhancement, and Academic Achievement); and
  5. Title IV, Part B (21st Century Community Learning Centers).   

Private Schools Non-Regulatory Guidance, Revised March 2009, related to Title IX, Part E, and Subpart I, is available at: http://www.ed.gov/policy/elsec/guid/equitableserguidance.doc.

Section 1120 of Title I, Part A
Separate provisions govern private school participation requirements under Title I, Part A.  School divisions must inform officials of private schools located within the division's boundary that eligible children attending private, nonprofit schools are eligible to participate on an equitable basis in Title I, Part A, services.

Private Schools Non-Regulatory Guidance, Revised October 2003, related to Section 1120 of Title I, Part A, is available at: http://www.ed.gov/programs/titleiparta/psguidance.doc .

Virginia Title I Bypass
Fourteen Virginia school divisions participate in a bypass provision, under which 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.

Informing Private Schools About Participation in ESEA Programs
All school divisions should initiate and facilitate meaningful consultation with officials of private schools within their boundaries about their intent to participate in applicable ESEA programs for the 2014-2015 school year.

Webinars
The Department will offer three webinars to provide technical assistance to school divisions and private school officials in understanding equitable participation requirements for private school students, teachers, and other educational personnel in applicable ESEA programs. The first webinar will explore general ESEA federal provisions for private school participation in ESEA programs.  The second and third webinars provide specific guidance for equitable services in three ESEA programs.

Overview: Equitable Services to Private Schools
Tuesday, February 18, 2014, 9 - 10 a.m. (repeated from 3 - 4 p.m.)

Meaningful Consultation for Title II, Part A, Teacher and Principal Training and Recruiting Fund
Wednesday, February 19, 2014, 9 - 10 a.m.

Meaningful Consultation for Title I, Part A, Improving Basic Programs Operated by Local Educational Agencies, and Title III, Part A, English Language Acquisition, Language Enhancement, and Academic Achievement
Wednesday, February 19, 2014, 3 - 4 p.m.

Please see the attached webinar information for further details (Attachment A).

General questions regarding equitable services to private schools should be directed to Christopher Kelly, education coordinator, Office of Program Administration and Accountability, at Christopher.Kelly@doe.virginia.gov or (804) 225-2122. If you have specific questions regarding private school participation in a particular ESEA program, please contact the appropriate Department staff member below:


Title I, Part A

Lynn Sodat

Lynn.Sodat@doe.virginia.gov  

(804) 371-2934

Title I, Part C

Patience Scott

Patience.Scott@doe.virginia.gov

(804) 786-9935

Title II, Part A

Carol Sylvester

Carol.Sylvester@doe.virginia.gov

(804) 371-0908

Title II, Part B

Eric Rhoades

Eric.Rhoades@doe.virginia.gov

(804) 786-6418

Title III, Part A

Stacy Freeman

Stacy.Freeman@doe.virginia.gov

(804) 786-1692

Title IV, Part B

Duane Sergent

Duane.Sergent@doe.virginia.gov

(804) 371-2929.

PIW/cjk

Attachment:

  1. Webinars on Equitable Services to Private Schools (PDF)