Equitable Services Frequently Asked Questions

The Title I, Part A Equitable Services Frequently Asked Questions are intended to help local educational agencies (LEAs), and other stakeholders understand the statutory requirements for statewide equitable services for eligible children (students) attending nonprofit private elementary and secondary schools under Title I, Part A of the ESEA, as amended by the ESSA.

Frequently Asked Questions

1. How does the LEA determine which children (students) enrolled in participating nonprofit private schools are eligible for equitable services?

   Children (students) attending participating nonprofit private schools identified by the LEA as failing, or most at risk of failing, and reside in the LEA participating school attendance area are eligible for equitable services (ESSA sections 1115[c][1][B] and 1117[b][1][F]; 34 Code of Federal Regulations [CFR] 200.62).

   Educational services and other benefits for eligible private school children (students), who are enrolled in private elementary schools and secondary schools, shall be equitable in comparison to services and other benefits for public school children (students) and shall be provided in a timely manner (ESSA sections 1117[a][1] and 1117[a][3][A]; 34 CFR 200.64[b]).

2. How does the LEA determine the expenditures for educational services and other benefits to eligible private school students?

   Expenditures for educational services and other benefits to eligible private school students shall be equal to the proportion of funds allocated to participating school attendance areas based on the number of children (students) from low-income families who attend private schools (ESSA Section 1117[a][4][A][i]; 34 Code of Federal Regulations [CFR] 200.63[a][1]).

3. Who has the final authority to calculate the number of students who are from low income families and attend private schools?

   The LEA shall have the final authority, consistent with this section, to calculate the number of students, ages 5 through 17, who are from low income families and attend private schools (ESSA Section 1117[c][1]; 34 Code of Federal Regulations [CFR] 200.63).

4. How may the LEA calculate the number of students who are from low income families and attend private schools?

   The LEA shall calculate the number of students, ages 5 through 17, who are from low income families and attend private schools by:

   1. using the same measure of low income used to count public school children;
   2. using the results of a survey that, to the extent possible, protects the identity of families of private school students, and allowing such survey results to be extrapolated if complete actual data are unavailable;
   3. applying the low-income percentage of each participating public school attendance area, determined pursuant to this section, to the number of private school children who reside in that school attendance area; or
   4. using an equated measure of low income correlated with the measure of low income used to count public school children (ESSA Section 1117[c][1]; 34 Code of Federal Regulations [CFR] 200.63[b]).

5. May the LEA reserve any funds from the Title I, Part A entitlement before determining the proportional share for equitable services for eligible children (students) attending participating nonprofit private schools?

   No. The LEA shall determine the proportional share of funds based on the total amount of the Title I, Part A entitlement prior to any allowable expenditures or transfers by the LEA (ESSA Section 1117[a][4][A][ii]).

6. How does the LEA determine the proportional share of funds for equitable services?

   To determine the proportional share of funds for equitable services (ESSA sections 1117[a][4][A] and 1117[c][1]), the LEA shall:

   • Step 1: Determine the total number of children (students) from low-income families who reside in the LEA participating school attendance area who attend public and nonprofit private schools;
     
     
   • Step 2: Determine the total number of children (students) from low-income families who attend nonprofit private schools and reside in the LEA participating school attendance area;
     
     
   • Step 3: Calculate the equitable services proportional rate (calculated percentage) by dividing the total number of children (students) from low-income families attending nonprofit private schools by the total number of children (students) from low-income families attending participating public and nonprofit private schools;
     
     
   • Step 4: Multiply the proportional rate (calculated percentage) from Step 3 by the LEA’s Title I, Part A entitlement in order to determine the proportional share for equitable services.

   
   Please refer to the table below for an example of the proportional rate (calculated percentage) calculation:

   EXAMPLE OF DETERMINING THE AMOUNT OF TITLE I, PART A FUNDS FOR EQUITABLE SERVICES

   Total Title I, Part A LEA Entitlement	Number of Public Schools Low-Income Children (students)	Number of Nonprofit Private Schools Low-Income Children (students)	Total Number of Low-Income Children (students)	Proportional Rate (Calculated Percentage)
   $1,000,000	1,350	150	1,500	(150/1,500) = 10%

   
   

   Formula:

   Total Title I, Part A Entitlement multiplied by the Proportional Rate (Calculated Percentage)
   is equal to the Equitable Services Proportional Share

   Example:

   $1,000,000 x 10% = $100,000

7. May the LEA reserve funds from the Title I, Part A equitable services proportional share for parent and family engagement activities of participating nonprofit private school children (students)?

   Yes. Educational services and other benefits for eligible private school children (students), who are enrolled in private elementary and secondary schools, shall be equitable in comparison to services and other benefits for public school children (students), and shall be provided in a timely manner (ESSA sections 1117[a][1] and 1117[a][3][A]; 34 Code of Federal Regulations [CFR] 200.64[a][2][i][A]).

   The LEA shall ensure that teachers and families of the children (students) participate, on an equitable basis, in services and activities developed pursuant to ESSA Section 1116 (ESSA Section 1117[a][1][B]).  

   ESSA Section 1116(a)(3)(A) states that the LEA shall reserve at least one percent of the Title I, Part A entitlement to assist public schools to carry out parent and family engagement activities. This applies if the LEA’s Title I, Part A allocation (entitlement plus transfers-in) is $500,000 or more. Such LEAs must reserve an equal percentage from the equitable services proportional share to carry out parent and family engagement activities of participating nonprofit private school children (students).

8. May the LEA reserve administrative costs from the Title I, Part A equitable services proportional share of funds?

   Yes. The LEA may reserve an amount that is reasonable and necessary from the Title I, Part A, equitable services proportional share to administer equitable services. The LEA should discuss administrative costs for implementing equitable services during consultation with appropriate nonprofit private school officials. Please note: the California Education Code Section 63001 requires LEAs to spend no less than 85 percent of funds received from specific programs, including Title I, Part A at school sites for direct services to students. The maximum allowable amount for administrative costs, including indirect costs, cannot exceed 15 percent.

9. May the LEA reserve costs for other allowable activities from the Title I, Part A equitable services proportional share of funds?

   Educational services and other benefits for eligible private school children (students), who are enrolled in private elementary and secondary schools, shall be equitable in comparison to services and other benefits for public school children (students) and shall be provided in a timely manner (ESSA sections 1117[a][1] and 1117[a][3][A]; 34 Code of Federal Regulations [CFR] 200.64[a][2][i][A]).

10. When shall the equitable services consultation take place?

    To ensure timely and meaningful consultation, the LEA shall consult with appropriate private school officials during the design and development of the LEA’s programs (ESSA Section 1117[b][1]; 34 Code of Federal Regulations [CFR] 200.63).

11. What are the goals of the equitable services consultation agreement?

    The LEA and appropriate nonprofit private school officials shall both have the goal of reaching agreement on how, when, and where to provide equitable services and effective programs for eligible nonprofit private school children (students) and who will provide the equitable and effective programs and services (ESSA Section 1117[b][1]; 34 Code of Federal Regulations [CFR] 200.63).

12. How does the LEA transmit the results of the equitable services consultation agreement to the ombudsman?

    The LEA must transmit the results of the equitable services consultation agreement to the ombudsman designated by the State Educational Agency (SEA) (ESSA sections 1117[a][3][B] and 1117[b][1]). LEAs will transmit the results of the equitable services consultation agreement using the California Department of Education’s (CDE) Consolidated Application Reporting System (CARS).

13. What documentation does the equitable services consultation include?

    ESSA Section 1117(b)(5) and 34 Code of Federal Regulations (CFR) 200.63 requires each LEA to maintain in the LEA’s records and provide to the state educational agency (SEA):

    • A written affirmation signed by officials of each participating nonprofit private school that the required meaningful consultation has occurred.
      
      
    • The written affirmation shall provide the option for nonprofit private school officials to indicate such officials’ belief that timely and meaningful consultation has not occurred, or that the program design is not equitable with respect to eligible nonprofit private school children (students).
      
      
    • If nonprofit private school officials do not provide the written affirmation within a reasonable period of time, the LEA shall confirm to the SEA that the documentation is on file in the LEA’s records that such consultation has taken place, or attempts at consultation have taken place.

14. How will the LEA provide to the state educational agency (SEA) the required equitable services consultation written affirmation?

    The LEA shall confirm to the SEA that the signed equitable services consultation written affirmation is on file in the LEA’s records using the California Department of Education's (CDE's) Consolidated Application and Reporting System (CARS) (ESSA Section 1117[b][5]; 34 Code of Federal Regulations [CFR] 200.63).

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