P.O. BOX 2120



May 28, 2004



Division Superintendents



Jo Lynne DeMary

Superintendent of Public Instruction



Private School Participation in Title I, Part A, of the No Child Left Behind Act of 2001


This information is being provided as school divisions prepare to submit 2004-2005 Title I federal program applications (or consolidated applications) that address private school participation in federal programs. Under the general provisions in Title IX of the No Child Left Behind Act (NCLB) of 2001, the reauthorization of the Elementary and Secondary Education Act (ESEA), local education agencies (LEAs) receiving funds must comply with provisions of participation by private school children and teachers. This provision requires, after meaningful consultation with private schools, the equitable participation in services and/or benefits to private school children, their teachers, and other educational personnel. The educational services or other benefits, including materials and equipment, shall be secular, neutral, and non-ideological.


School divisions are required to engage in meaningful consultations with private schools that may serve children who reside within Title I eligible attendance areas. These consultations could result in the provision of limited services by the school division at the school division site (usually services that do not require the transporting of private school children). Virginia school divisions, however, are prohibited by law from directly providing equitable and more comprehensive Title I services to private school students and educators. In this case, the U.S. Secretary of Education (Secretary) makes arrangements to provide services to eligible private school children through a special contract. This is called the Bypass provision.


The purpose of meaningful consultation, as it relates to Title I, is to ensure that private schools are aware of available services through the LEA and of available services through the provisions of the Bypass. School divisions that receive positive interest from private schools regarding a desire to receive services from Title I, Part A, should seek further information from the appropriate state Title I specialist.


Questions from school divisions located in Superintendents Regional Study Groups I, II, and V should be directed to Shady Clark ( at 804-225-2901; in Superintendents Regional Study Groups IV and VI to Robert Bourdeaux (rbourdea@mail.vak12ed.ed) at 804-225-2904; and in Superintendents Regional Study Groups III, VII, and VIII to Doris (Gabie) Frazier ( at 804-225-2907. With the stipulation that Virginia is a Bypass state, additional information on private school participation can be found on the Internet at