Title II, Part A, Equitable Services

Title II, Part A requires that local educational agencies (LEA) provide eligible elementary and secondary private schools teachers, principals, and other educational personnel with Title II, Part A educational services that are equitable in comparison to services provided teachers, principals, and other educational personnel in public schools.

Since the initial passage of the Elementary and Secondary Education Act of 1965 (ESEA), private school students and teachers have been eligible to participate in certain federal education programs. President Obama signed into law the Every Student Succeeds Act (ESSA) on December 10, 2015. The ESSA strengthens and enhances the equitable services provisions which are found under Sections 8501-8504 (Title VIII Uniform Provisions). Title II, Part A, Equitable Services for Private Schools, is subject to the requirements in Title VIII Uniform Provisions.

Educational services and other benefits provided under this section for private school children, teachers, and other educational personnel shall be equitable in comparison to services and other benefits for public school children, teachers, and other educational personnel participating in the program and shall be provided after timely and meaningful consultation with appropriate private school officials. Educational services or other benefits provided under this section, shall be secular, neutral, and nonideological.

The LEA in which the eligible private school is located is responsible for initiating the consultation process and for providing equitable services to eligible private schools. The LEA maintains control of federal funds used to provide equitable services.

Expenditures for educational services and other benefits provided under this section for eligible private school children, their teachers, and other educational personnel serving those children shall be equal, taking into account the number and educational needs of the children to be served, to the expenditures for participating public school children.

Additional Resources

Resources from the California Department of Education

1. Title II, Part A – Calculating Equitable Services Proportional Share for Private Schools
   Provides directions for how to calculate an amount for Title II, Part A Proportional Share.
2. California Department of Education, Equitable Services Ombudsman
3. Title II, Part A – Equitable Services for Private Schools Frequently Asked Questions regarding the Title II, Part A equitable services
4. Suggested Private School Consultation/Equitable Services Timeline
   Suggested California timeline for districts and private schools engaged in consultation.
5. Letter to the Field Regarding Private Nonprofit School Participation in Elementary and Secondary Education Act Programs
   May 11, 2016: Letter to County and District Superintendents, Charter School Administrators, Categorical Program Directors, and District Business Officers.

Resources from the U.S. Department of Education

1. U.S. Department of Education, Every Student Succeeds Act (PDF)
   On December 10, 2015, President Obama signed the Every Student Succeeds Act (ESSA), reauthorizing the federal Elementary and Secondary Education Act (ESEA) and replacing the No Child Left Behind Act (NCLB), the 2001 reauthorization of ESEA. Sections 1117 and 8501 describe local and state requirements for equitable services.
2. U.S. Department of Education, Office of Non-Public Education
   Office of Non-Public Education (ONPE) is a liaison to the nonpublic school community for the U.S. Department of Education. ONPE fosters maximum participation of nonpublic school students and teachers in federal education programs and initiatives.