NO CHILD LEFT BEHIND ACT (P.L. 107-110)
Participation of private school students
Many federal education programs authorized by the No Child Left Behind Act (NCLBA) require the equitable participation of private school students and their teachers. The services available to private school students, teachers, and parents through these programs are described in detail in the summary brochure on NCLBA. However, in order to ensure that these services are provided equitably to the private school community, private school officials should also be familiar with the sections of NCLBA that contain detailed language regarding the requirement for state education agencies (SEAs), local educational agencies (LEAs), and other entities that receive funds through these programs to conduct timely and meaningful consultation with private school representatives regarding the design, development and delivery of program services to their students, teachers and parents. These consultation requirements occur in Sections 9501-9504 of Title IX, as well as in section 1120 of Title I and Section 5142 of Title V.

Specifically, Section 9501(c) requires that timely and meaningful consultation must occur on such issues as:

• How the children's needs will be identified;
• What services will be offered;
• How, where, and by whom the services will be provided;
• How the services will be assessed and how the results of the assessments will be used to improve services;
• The size and scope of the program and the amount of funds available to serve private school students;
• How and when the agency will make decisions about the delivery of services, including a thorough analysis of the views of private school officials on the provision of services through a third-party provider and a written explanation if the LEA decides against using a third-party provider.

• Some programs require the equitable participation of private school students
  
  
  • What programs are available to private school students, teachers, and parents?
    
  • What is the purpose of each program?
    
  • What are allowable uses of the funds in each program?
  • Who is responsible at the SEA, LEA or other entity for administering each program?
  
  
• Programs for private school students must be designed to meet the particular needs of the private school students being served.
  
  
  • What are the needs of my students in each program focus area and how were they determined?
  
  
• Timely and meaningful consultation between public and private school officials is required. The law specifies topics that, at a minimum, must be discussed.
  
  
  • What are my rights as a private school official regarding consultation?
    
  • What topics must be discussed?
    
  • What are my obligations in the consultation process?
    
  • Who is responsible at the SEA, LEA or other entity for administering each program?

• Each district will have its own timetable for designing and developing programs and obligating the funds.

Ask: When is the planning for the implementation of the programs beginning? When is the deadline for submitting the final plan or application for LEA approval?

• Eligible private school children generate funds for the private school program.

Ask: How much money is anticipated for private school students for the next school year? How were the allocations determined?

• You will have in mind your preferences for services to your students and teachers for each program. You may also have in mind a preferred provider for the services. Present the needs of your students and discuss each program and the services and benefits you are requesting.

Ask: Can the services I am requesting be offered? How, where, and by whom would the services be provided? Will you honor my request for a particular service provider? If not, why not? When will final decisions about services be made? When will the services begin?

• It is important to ensure that the program implemented with federal funds is effective for your students and is meeting their needs–making a difference in student academic achievement and closing the achievement gaps among peers.

Ask: How will the services be assessed? Will this assessment look at changes in their academic performance in the classroom? How will the results of the assessment be used to plan the program for next year and improve its results?

• Regular, face-to-face meetings are important in building a collaborative relationship and ensuring that federal education programs are effective for your students.

Ask: What is our schedule of meetings for the school year? Who is responsible for an agenda for the meeting? How can I add items to the meeting agenda? Who will record and distribute minutes following each meeting?

1. Put your concerns in writing to the LEA official or the representative of another entity with whom you have been working. Keep the letter factual, brief, and to the point–don't engage in emotional pleas. Ask for a response to your concerns in writing and copy the letter to the SEA. If your complaint concerns a complete lack of a consultation process, address it to the SEA.
   
   
2. If you do not receive a timely response, or the response is not satisfactory, write a letter to the SEA and include the previous correspondence. Ask for a response in writing.
   
   
3. If the SEA does not respond in a timely manner, or the response is not satisfactory, you may appeal to the Secretary of Education. At this juncture, it is important to consult the U.S. Department of Education's Office of Non-Public Education about the substance of your complaint and the procedure to follow in taking your complaint to the Secretarial level.

• Fall/Winter
  
  
  • LEA requests student count and poverty count of eligible private school students.
    
  • Consultation meeting takes place to discuss student count and other information needed by the LEA or other entity from private school officials. Consultation meeting also reviews the current program and makes any necessary adjustments to ensure program is meeting the needs of the private school students.
    
  • If contact is not initiated by the LEA, private school officials should be sure to initiate contact on their own to ensure the consultation process for the next year's program of services begins early in the year.
  
  
• Late winter/early spring
  
  
  • Program for the next school year is designed and developed during consultation between public and private school officials. (See "at the first meeting" above).
    
  • Estimation of funds available for serving private school students and their teachers in each program for the next school year is available from the LEA to assist with program planning and development.
  
  
• Spring
  
  
  • Program plans are finalized through the consultation process.
    
  • Sign-off (federally required only for Title I, but allowable for any programs) takes place IF you are satisfied that the program will meet your student's needs and all aspects of consultation for program design and development have been completed.
  
  
• Late spring/summer
  
  
  • LEA or other entity makes all arrangements, including appropriate contracts and purchases, to ensure programs for private school children begin at the start of the school year.
  
  
• Early fall
  
  
  • Consultation meeting occurs to evaluate start-up of program services.

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