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    Federal Programs

    Equitable Services

    Nonpublic Equitable Services Title I, Part A and Title VIII

    Since the initial passage of the Elementary and Secondary Education Act of 1965 (ESEA), private (nonpublic) school students and teachers have been eligible to participate in the Title I, Part A (Title I) program. The reauthorization of the ESEA by the Every Student Succeeds Act (ESSA) continues the requirement that a local educational agency (LEA) that receives Title I funds provide equitable services to eligible nonpublic school students, their teachers, and their families.

    ESEA section 8501 requires an LEA participating in a covered ESEA program, in consultation with appropriate nonpublic school officials, to provide eligible nonpublic school children and educators with services or other benefits that are equitable to those provided to eligible public-school children and educators. Although not governed by ESEA Title VIII Equitable Services, Title IV, Part F, section 4644 (Jacob K. Javits Gifted and Talented Children Education Program) requires, where appropriate, the provision for the equitable participation of nonpublic school children and educators.

    Timely and Meaningful Consultation

    Timely and meaningful consultation with the appropriate nonpublic school officials is an essential requirement in the implementation by an LEA of an effective covered ESEA program for eligible Nonpublic school children and educators. Consultation applies to Title I, Part A and the programs under Title VIII in which the LEA participates.

    Consultation involves discussions between public and nonpublic school officials on key issues that affect the ability of eligible Nonpublic school children to participate equitably in covered ESEA programs. The district must consult with Nonpublic school officials prior to the LEA making any decision that affects the opportunities of any Nonpublic school children, their parents, or educators to participate in programs.

    ESEA Section 1120(b) and 200.63 regulations

    A unilateral offer of services by an LEA with no opportunity for discussion, or the application of a blanket rule, is not adequate consultation. Consultation must be meaningful, timely and result in the goal of reaching agreement and providing effective equitable services.

    The required topics to be discussed during consultation can be found on the (Affirmation of Consultation form (Word)).

    Transferability and Equitable Services Consultation

    ESEA section 5103 gives an LEA flexibility to transfer some or all of its funds under two covered ESEA programs to other eligible ESEA programs. Under the transferability authority, an LEA may transfer up to 100 percent of funds received under Title II, Part A and Title IV, Part A into, for example, Title I, Part A. An LEA may not, however, transfer funds out of Title I, Part A. An LEA does not need prior approval from the PDE to exercise the transferability authority, but before an LEA may transfer funds from a covered ESEA program, it must engage in timely and meaningful consultation with appropriate nonpublic school officials. (ESEA section 5103(e)(2))

    Title I, Part A Consultation

    Title I Part A consultation. An LEA must annually contact officials of each nonpublic school with children who might reside in the LEA to determine whether those officials would like for their eligible students to participate in equitable services under Title I. (ESEA section 1117(b)(1) Link to sample NP Intent to Participate TIA (Word))

    Title VIII Consultation

    An LEA must annually contact officials of nonpublic schools located in the attendance or geographic region of the LEA to determine whether those officials would like their students and staff to participate in equitable services under each covered ESEA program in which the LEA participates. (ESEA section 8501(c)(1) and NP Link to Intent to Participate TVIII (Word)).

    If an invitation to participate in any eligible federal program is not extended or consultation does not occur, nonpublic school officials should contact the LEA and ask to speak with the individual(s) responsible for administering the Title I, Title II, Title III, and Title IV federal programs. If a nonpublic school official contacts an LEA but receives no response, that official may also contact a PDE Regional Coordinator or the State Ombudsman for assistance. (Contact Us).

    Ombudsman​

    To help ensure equitable services and other benefits for eligible nonpublic school children, teachers and other educational personnel, and families, an SEA must designate an ombudsman to monitor and enforce ESEA equitable services requirements under both Title I and Title VIII. (ESEA sections 1117(a)(3)(B) and 8501(a)(3)(B)).

    Complaint Process for Participation of Nonpublic School Children Can be viewed within the Complaint Procedures.

    Program Overview

    Title I, Part A Equitable Services

    The purpose of Title I of the ESEA is to provide all children significant opportunity to receive a fair, equitable, and high-quality education and to close educational achievement gaps. (ESEA section 1001). Each LEA that receives Title I funds identifies public school attendance areas and schools that have high concentrations of children from low-income families as eligible to participate in Title I programs. (ESEA section 1113).

     To be eligible for Title I services, a nonpublic school child must reside in a participating Title I public school attendance area and be identified by the LEA as low achieving on the basis of multiple, educationally related, objective criteria. (ESEA sections 1115(c)(1)(B) and 1117(a)(1)).  Poverty is not a criterion for eligibility for services.

    Obligation of Funds

    Funds allocated to an LEA for educational services and other benefits to eligible nonpublic school children, their teachers, and their families must be obligated in the fiscal year for which the funds are received by the LEA. (ESEA section 1117(a)(4)(B)).

    The purpose of this requirement is to ensure that an LEA obligates the funds available under Title I to provide equitable services in the fiscal year for which the funds are appropriated so that eligible students, teachers and other educational personnel, and families receive the services to which they are entitled in a timely manner.

    Title I Carryover

    There may be circumstances in which an LEA is unable to obligate all funds within this timeframe in a responsible manner.  The LEA must carryover the unobligated funds from the proportional share for the provision of equitable services during the subsequent fiscal year. The LEA must also consult with appropriate nonpublic school officials (ESEA sections 1117(b) and 8501(c)).

    It is important to note that carryover from funds allocated for equitable services must be expended for equitable services.  Carryover funds must be reflected in the LEAs eGrants Consolidated Application under the carryover section. 

    Program Overview

    Title VIII, Part F of the Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act

    ESEA section 8501 requires an LEA participating in a covered ESEA program, in consultation with appropriate Nonpublic school officials, to provide eligible Nonpublic school children and educators with services or other benefits that are equitable to those provided to eligible public-school children and educators.

    Programs governed by Title VIII include the following formula grants.

    • Title I, Part C - Education of Migratory Children.
    • Title II, Part A - Supporting Effective Instruction.
    • Title III, Part A - English Language Acquisition, Language Enhancement, and Academic Achievement.
    • Title IV, Part A - Student Support and Academic Enrichment Grants;
    • Title IV, Part B – Nita M. Lowey 21st Century Community Learning Centers (21st CCLC); and Title IV, Part F, section 4631 - Project SERV.

    (ESEA section 8501(b)(1); 34 Code of Federal Regulations (C.F.R.) § 299.6(b)).

    The Division of Federal Programs oversees the following:

    • Title II, Part A - Supporting Effective Instruction.
    • Title III, Part A - English Language Acquisition, Language Enhancement, and Academic Achievement and Immigrant
    • Title IV, Part A - Student Support and Academic Enrichment Grants.

    Obligation of Funds

    Funds allocated to an LEA for educational services and other benefits to eligible nonpublic school children and educators must be obligated in the fiscal year for which the funds are received by the LEA. (ESEA section 8501(a)(4)(B); 34 C.F.R. § 299.7(a)(3)).

    The purpose of the obligation of funds requirement is to ensure that an LEA uses the funds available under a covered ESEA program to provide equitable services in the fiscal year for which the funds were appropriated in a timely manner. This provision reinforces the requirement that an LEA conduct timely consultation with nonpublic school officials so that services can begin at the beginning of the school year for which the funds are appropriated.

    Carryover Title VIII

    Scenario 1: When the services are delayed (e.g., based on a natural disaster, delayed consultation, or unexpected challenges) and as a result, the LEA is unable to fully provide required equitable services, and some funds are unobligated at the end of the Federal fiscal year. The LEA must use the funds to provide equitable services in the affected nonpublic schools the following year.

    Scenario 2: If the LEA provided equitable services as agreed upon, but the services cost less than what was budgeted, or the nonpublic school decides not to participate in planned activities. Based on timely and meaningful consultation, the LEA and Nonpublic school officials agree there are no additional needs. Any carryover funds become part of the general pool of funds available for expenditures for public schools and participating nonpublic schools for the next year.

    Carryover funds must be reflected in the LEAs eGrants Consolidated Application under the carryover section.  View the Carryover section of each program in eGrants for additional guidance.