Title IX: Equitable Services to Private Schools
Virginia's Transition to ESSA
See the Equitable Services Crosswalk (PDF) for changes between NCLB and ESSA. The comparison chart highlights the new equitable services provisions as well as other changes in the statutory language. For more information about the Every Student Succeeds Act (ESSA), see ESSA Transition.
August 21, 2014 – See what positive things the US Department of Education is saying about VDOE and the establishment of equitable services working group to enhance communication and collaboration among nonprofit private schools, VDOE and school divisions. The group, which meets three times a year, discusses key topics and activities that address issues of mutual interest to Virginia's public and nonpublic school communities.
Title IX, Part E. Uniform Provisions
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. Title IX, Part E, Subpart 1, specifically addresses the following federal programs:
- Title I, Part C (Education of Migratory Children);
- Title II, Part A (Teacher and Principal Training and Recruiting – if grant funds are used for professional development for teachers and other personnel);
- Title II, Part B (Mathematics and Science Partnerships);
- Title III, Part A (English Language Acquisition, Language Enhancement, and Academic Achievement); and
- Title IV, Part B (21st Century Community Learning Centers).
Section 1120 of Title I, Part A
Separate provisions govern private school participation requirements under Title I, Part A. Fourteen (14) 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. With the exception of these 14 divisions, all other 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.
Nonregulatory guidance on Title IX and Title I, Part A, private school equitable services are available at the following links: Title IX: Private Schools Non-Regulatory Guidance and Title I, Part A, Services for Private School Children Non-Regulatory Guidance. These guidance documents include samples of consultation letters, intent to participate forms, and other reference materials that may be helpful when contacting private school officials. The Title I Toolkit (PDF) provides examples of the ways in which various school divisions and private school officials have addressed Title I requirements to serve eligible private school children. It is intended as a resource to supplement the nonregulatory guidance of Title I Services to Eligible Private School Children.
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 (Video)
Division Point of Contact for Equitable Services
To enhance the communication between the school division and private schools within its boundaries, a point of contact has been designated for each school division. The contact serves as the primary person for directing equitable services questions to the appropriate staff within the school division.