Superintendent's Memo #088-09

State seal, Commonwealth of Virginia

Department of Education

April 3, 2009

TO: Division Superintendents

FROM: Patricia I. Wright, Superintendent of Public Instruction

SUBJECT: Guidance on the Disposition of Equipment and Materials in Nonpublic Schools Purchased with Title V, Part A, Innovative Program Funds

This memorandum is intended to provide guidance to school divisions regarding the disposition of equipment and materials in nonpublic schools purchased with Title V, Part A, funds that are housed in nonpublic schools since there is no FY 2009 funding and LEA programs are about to be discontinued as remaining funding is exhausted. The fiscal year (FY) 2007 funds that Virginia school divisions previously received under Title V, Part A, of the Elementary and Secondary Education Act on July 1, 2007, remain available for obligation through September 30, 2009. After that time, unless Congress makes an additional appropriation, there will be no funding available for Title V, Part A, and no flexibility to transfer funds to that program.

Under the Title V, Part A, program, school divisions are responsible for providing equitable services for the benefit of nonpublic school students. The program statute and the Education Department General Administrative Regulations (EDGAR) require that the school division maintain title to, and administrative control over, any materials and equipment acquired with program funds for the purpose of providing Title V, Part A, services to nonpublic school students (20 US.c. § 7217a(c)(1); 34 CFR § 76.661). The United States Department of Education (USED) has identified two options that school divisions may use concerning the materials and equipment purchased with Title V, Part A, funds that are housed in private schools for use by private school students and teachers. Both of the options described below are consistent with all applicable statutory and regulatory requirements governing the program. Prior to selecting an option, the school division must engage in timely and meaningful consultation with private school officials in order to ensure that the needs of private school students and teachers have been adequately addressed.

First Option:

Second Option:

Before making any final decisions regarding the use or disposal of equipment that has been placed in private schools under the Title V, Part A, program, the school division must consult with private school officials.

If you have questions or require additional information, please contact Diane Jay, associate director, Office of Program Administration and Accountability, via e-mail at or by telephone at (804) 225-2905.

PIW / DLJ / dj