Private Nonprofit Equitable Services · Session Evaluations Resources 1 2. ESSA Institute for ESCs: PNP Session March 25, 2019 ... Funds may remain available for the provision of

ESSA Institute for ESCs: PNP Session March 25, 2019

DEPARTMENT OF

CONTRACTS, GRANTS & FINANCIAL ADMINISTRATION

Private Nonprofit Equitable Services

Every Student Succeeds Act (ESSA) Institute

Austin, Texas

March 25, 2019

For questions/comments during today’s session, log on to www.slido.com, event #V596

LaNetra Guess, Director

PNP Ombudsman

Federal Program Compliance Division

Texas Education Agency

DEPARTMENT OF


▪Overview of Equitable

Services

▪Timely & Meaningful

Consultation

▪Obligation of Funds

▪Random Validations and

Program Compliance

Agenda

▪ Office of Non-Public Education

▪ Draft Title I, Part A equitable

services non-regulatory guidance

▪ More FAQs

▪ Session Evaluations

▪ Resources

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http://www.slido.com/


DEPARTMENT OF


DEPARTMENT OF


Overview of Equitable Services

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DEPARTMENT OF


PNP Overview Document, 2018-2020 (handout)

DEPARTMENT OF


Equitable Services

▪ Local educational agencies (LEAs) are required to provide

services for eligible private school students

▪ Services provided by the LEA for private school participants

are designed to meet their educational needs and

supplement the educational services provided by the private

school

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DEPARTMENT OF


Equitable Services Must Be…

▪ Secular, neutral, and non-ideological for all educational services,

materials, and equipment

▪ Equitable educational services compared to public school

▪ Provided in a timely manner

▪ Monitored and enforced by an Ombudsman

DEPARTMENT OF


Nonprofit means it is owned and operated by one or more

corporations or associations whose net earnings do not benefit, and

cannot lawfully benefit, any private shareholder or entity

What constitutes private nonprofit (PNP) status?

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DEPARTMENT OF


Eligible Programs for Equitable Services

Title I, Part A Equitable Services, Sec. 1117

Title VIII Equitable Services, Sec. 8501

▪Title I, Part C - Migrant

▪Title II, Part A – Supporting Effective Instruction

▪Title III, Part A - English Learners & Immigrants

▪Title IV, Part A – Student Support & Academic Enrichment

▪Title IV, Part B – 21st Century Community Learning Centers

DEPARTMENT OF


Timely & Meaningful Consultation

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DEPARTMENT OF


Affirmation of Consultation Form

DEPARTMENT OF


▪ Available:▪ https://tea.texas.gov/Finance_and_Grants/Grants/ESSA_Private_School_E

quitable_Services

▪ Remind LEAs to read 2019-2010 instructions

▪ Keep non-participating PNP schools in LEA files

▪ Submit through ESSA Reports, 2019-2020

▪ Due September 3, 2019

Affirmation of Consultation Form, 2019-2020

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https://tea.texas.gov/Finance_and_Grants/Grants/ESSA_Private_School_Equitable_Services


DEPARTMENT OF


Obligation of Funds

DEPARTMENT OF


Obligation of Funds

[Sec. 1117(a)(4)(B) & 8501(a)(4)(B)]

LEA funds for educational services and other benefits to eligible

PNP children shall be obligated within the same fiscal year in

which they are received

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DEPARTMENT OF


Public Control of Funds and Purchases

▪ LEA is fiscal agent

▪ PNP receives program services - not funds

▪ Federally-funded purchases for approved PNP materials,

equipment, and property remain in the control and

supervision of the LEA

▪ LEA is responsible for labeling and keeping inventory of all

federally-funded equipment purchases used for services

DEPARTMENT OF


Carryover of Unobligated Funds

Extenuating circumstances only▪ Funds may remain available for the provision of equitable services

under the program (i.e., Title I Part C, Title I Part IV-B) during the subsequent school year

▪ LEA must consult with PNP officials to determine how funds will be spent in subsequent school year

▪ PNP must have a plan for services▪ LEA must submit detailed budget matching requested carryover

*Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements, N-6 & N-7

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DEPARTMENT OF


What if a PNP school declines a portion of its Title I, Part A

equitable services?

▪The LEA is obligated to add services to a pool for

other PNP schools with eligible Title I students

▪ If there are no other PNP schools serving Title I

students, the LEA Title I public schools receive the

funding

▪ LEA must keep supporting records on file

▪There could be corrective actions from TEA if timely

obligation of funds to PNP did not occur

ED Guidance, October 2018

DEPARTMENT OF


What if a PNP school declines a portion of its Title VIII

equitable services?

▪The LEA is obligated to add the remaining equitable services share to other eligible PNP and LEA public schools the following year on an equitable basis.

▪ If there are no other PNP schools, the LEA public schools receive the funding.

▪ LEA must keep supporting records on file.

▪There could be corrective actions from TEA if timely obligation of funds to PNP did not occur.

ED Guidance, October 2018

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DEPARTMENT OF


Random Validations and Program Compliance

DEPARTMENT OF


PNP Random Validation Schedule, 2018-2019

Date Activity

February 25 LEAs notified of PNP Random Validation (RV) selection

March 11 LEA deadline for PNP documentation submission

May 10 ESCs notified of LEA results

May 15 ESCs deadline for return comments to TEA

May 20 TEA notification to LEAs of results

June 20 ESC deadline to upload ESC Technical Assistance Completion Form

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DEPARTMENT OF


PNP Compliance

[Sec. 1117(b)(6)(A) & 8501(c)(6)(A)]

PNP officials have the right to file a complaint with TEA

asserting:

▪ LEA consultation was not timely and meaningful

▪ LEA did not give consideration to PNP views

▪ LEA did not make decisions treating PNP children equitably

DEPARTMENT OF


PNP Compliance

[Sec. 1117(b)(6)(C) & 8501(c)(6)(C)]

The State may provide equitable services directly or through

contracts if

▪Requested by PNP

AND

▪ LEA has not met Title I equitable services requirement

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DEPARTMENT OF


▪ ED’s latest guidance (March 2019)▪ Religious organizations as third-party contractors

▪ TEA Contracts and Purchasing Division

▪ TEA providers list tentatively available in Fall 2019

TEA’s PNP Third-Party Providers Contract

DEPARTMENT OF


Office of Non-Public Education (ONPE)

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DEPARTMENT OF


▪ Yes, if it is independent of the PNP school

▪ ONPE Guidance issued March 11, 2019

https://www2.ed.gov/policy/elsec/guid/secletter/190311.html and #C-21 and

C-27 (draft guidance)

May a religious organization be contracted by an LEA to

provide equitable services for PNP students and staff?NEW ONPE FINAL Guidance

DEPARTMENT OF


▪ No. The service provider must remain independent of the private

school. In addition, the provider is still obligated to provide

secular, neutral, and nonideological services

▪ ONPE Guidance issued March 11, 2019

https://www2.ed.gov/policy/elsec/guid/secletter/190311.html

May an LEA contract with a PNP school to provide its own

equitable services to eligible PNP students? NEW ONPE FINAL Guidance

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DEPARTMENT OF


▪ Title I, Part A of the Elementary and Secondary Education Act of

1965, as Amended by the ESSA: Providing Equitable Services to

Eligible Private School Children, Teachers, and Families (Updated

Non-Regulatory Guidance, 2019)

▪ Public comment period extended to April 9, 2019

▪ Send public comments to [email protected]

ONPE Releases Title I, Part A Equitable Services Draft

Guidance for Public Comments - New

DEPARTMENT OF


Addressed 6 Topics:

▪ Timely & Meaningful Consultation

▪ Equitable Services

▪ Delivery of Equitable Services

▪ Program Evaluation

▪ State Ombudsman

▪ Complaints

ONPE Draft Guidance

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mailto:[email protected]


DEPARTMENT OF


▪ Depends on the extent to which contractor has administrative or

fiscal control over PNP school

▪ Administrative body overseeing group of PNP schools which has

control over school’s curriculum and hiring policies would not be

independent

▪ LEA would be prohibited from entering into a contract in this case

▪ Membership organization with no authority over operations of

PNP schools would be considered independent

What does it mean for a contractor to be ‘independent’ of

the PNP school? (ONPE draft, #C-28)

DEPARTMENT OF


▪ Yes. LEA may provide Title I services directly or indirectly through

contracts, which are independent of the PNP school, with:▪ Public and private agencies

▪ Organizations and Institutions

▪ LEA remains responsible for the oversight of Title I program

May an LEA employ a third-party contract to provide

equitable services? (ONPE draft, #C-29)

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DEPARTMENT OF


No. Simply providing the PNP school with instructional materials

and supplies does not meet the LEA’s obligation to provide

equitable services….[ESEA, Section 1117(a)(1)(A), (3)(A)]

May an LEA provide PNP school with only instructional

materials and supplies paid for with Title I funds? (ONPE draft, #C-18)

DEPARTMENT OF


▪ No. PNP school officials are not authorized to obligate or receive

Title I funds

May PNP school officials arrange for PD services for staff who

provide instruction to Title I participants and submit the invoice to

the LEA for reimbursement? (ONPE draft, #C35)

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DEPARTMENT OF


No later than April 9, 2019

Reminder: Submit Public Comments to ONPE

DEPARTMENT OF


Additional Frequently Asked Questions

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DEPARTMENT OF


Q. May Pre-K programs located in a PNP school participate and

receive equitable services?

A. Equitable services may not be used in stand-alone PNP Pre-K

programs for students or staff. However, if a PNP has a Pre-K

program and any one or more school-age grade levels (i.e., K-

12) in the same building, students and staff may receive

equitable services.

Non-Regulatory Guidance, Early Learning in the ESSA, Expanding Opportunities to Support our Youngest

Learners (2016)

PNP Schools and Pre-Kindergarten Programs

DEPARTMENT OF


▪ Yes, if the private school teacher has met state licensing and

certification and is independent* of the private school at the time

of the provision of Title I, Part A services.

▪ The private school teacher must be under the direct supervision

of the district or 3rd party provider.

▪ USDE has clarified that ‘independent of the private school’ means

employed for Title I services by another entity to provide services

outside any contract or work time with the private school.

ESSA PNP FAQ Preliminary Guidance from the TEA, Question 3.12

May a district hire a private school teacher to provide Title I,

Part A services to private school participants?

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https://www2.ed.gov/policy/elsec/leg/essa/essaelguidance10202016.pdf


DEPARTMENT OF


▪ ED does not recommend that federal funds are used to

purchase electronic devices since the LEA does not have

100% control over what is accessed.

▪ The 34 CFR 299.9(c)(1) states – a public agency must ensure

that equipment and supplies placed in a private school are

used only for proper purposes of the program.

May an LEA use federal funds (Title I, Part A; Title II, Part A; Title

IV, Part A; etc.,) to purchase electronic devices (i.e., iPads,

laptops, Chromebooks) for the provision of equitable services in

eligible PNP schools?

DEPARTMENT OF


▪ Yes. Equitable services to PNP schools that are required, and therefore

allowable, under federal program statute may include registration and travel

costs for participation in allowable professional development activities.

▪ On the Prior Approval, Disclosure, and Justification Forms Under EDGAR

page of the TEA website, LEAs can download the Participant Support Costs

and Out-of-State Travel forms to use in requesting approval or providing

justification.

▪ There is no need to submit individual requests for approval of participant

support costs activities. Please email [email protected] with any

questions regarding this approval. (2 CFR 200.456)

Is registration and travel costs for participating PNPs

allowed?

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DEPARTMENT OF


▪ Reimbursement allowed for only a portion of travel costs if

attending a faith-based sponsored conference or professional

development opportunity

▪ Reimbursement for actual costs of lodging and meals based on

Texas Comptroller of Public Accounts (unless local policy

reimburses at a lesser amount)

▪ LEA must review program session descriptions to determine

approval

More guidance may be found at:

https://tea.texas.gov/Finance_and_Grants/Grants/Travel_Information_and_Guidance

How are reimbursements handled once the LEA Request

for Approval of Participant Support Costs form is

completed?

DEPARTMENT OF


It depends… • Are there comparable in-state options available?

• Is the PD opportunity necessary, reasonable, allowable, and allocable?

• Does student and/or staff data support the need for a specific PD

opportunity?

• Are there least expensive professional development opportunities?

• Is the LEA able to verify that the PD sessions (which can only be

proportionally funded) are secular and non-religious?

• Is the PD opportunity located in a resort/destination location?

May a PNP travel out of state for professional development

opportunities?

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https://tea.texas.gov/Finance_and_Grants/Grants/Travel_Information_and_Guidance


DEPARTMENT OF


▪What ‘used to be approved’ - does not matter

▪What ‘another person, district, or state approved’ - does not

matter

▪Using the word ‘education’ in the program description and

website - does not matter

▪Accepting a person or website’s declaration the conference is

only ‘XY%’ religious content - does not matter

When reviewing PNP professional development requests…

DEPARTMENT OF


The LEA, as the fiscal agent, has ensured activities and/or resources are:

▪ Designed to provide equitable and effective programs

▪ Supported with applicable PNP data

▪ Addresses how the activity/resource will be evaluated

▪ Necessary to carry out the intent and purposes of the program

▪ Reasonable

▪ Allocable

▪ Allowable activity/resource under the program

▪ Expenditures meet all EDGAR requirements

▪ District policies and procedures were followed*

(There are a few disclaimers)*

When reviewing PNP professional development requests -

What really matters?

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DEPARTMENT OF


It’s time to turn on your electronics! (legally)

DEPARTMENT OF


Please take a few minutes now to complete 2 short evaluations for

this session:

Post-Test Evaluation

https://tea.co1.qualtrics.com/jfe/form/SV_6Kh6Ttu4sJsV0Lb

Overall Session Evaluation

https://tea.co1.qualtrics.com/jfe/form/SV_0wC9RL8Rh1ZTTSt

PNP Session Evaluations

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https://tea.co1.qualtrics.com/jfe/form/SV_6Kh6Ttu4sJsV0Lb

https://tea.co1.qualtrics.com/jfe/form/SV_0wC9RL8Rh1ZTTSt


DEPARTMENT OF


For questions/comments during today’s session, log on to www.slido.com, event #V596

DEPARTMENT OF


Resources

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http://www.slido.com/


DEPARTMENT OF


Resource Documents

▪ ONPE Draft Title I, Part A Equitable Services Guidance (March 2019)

▪ Private Nonprofit School Equitable Services: Frequently Asked

Questions Preliminary Guidance from the Texas Education Agency

(Aug 2017)

▪ NCLB Title I Services to Eligible Private School Children (Oct 2003)

▪ NCLB Title IX, Part E Uniform Provisions Subpart 1 – Private Schools

(Mar 2009)

DEPARTMENT OF


PNP Websites

▪ TEA – ESSA Private School Equitable Services Webpage:

https://tea.texas.gov/Finance_and_Grants/Grants/ESSA_Private

_School_Equitable_Services

▪ Capacity Building: https://www.region10.org/programs/title-i-

capacity-building-initiative/compliance/program-

compliance/equitable-services-for-private-nonprofit-schools

▪ Office of Non-Public Education:

https://innovation.ed.gov/what-we-do/non-public-education

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https://tea.texas.gov/Finance_and_Grants/Grants/ESSA_Private_School_Equitable_Services

https://www.region10.org/programs/title-i-capacity-building-initiative/compliance/program-compliance/equitable-services-for-private-nonprofit-schools

https://innovation.ed.gov/what-we-do/non-public-education


DEPARTMENT OF


LaNetra Guess, Director

PNP Ombudsman

Texas Education Agency

Federal Program Compliance Division

Phone: 512.463.8992

Email: [email protected]

Contact Information

DEPARTMENT OF


Copyright © Notice 2019. The materials are copyrighted © and trademarked ™ as the property of the Texas

Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except

under the following conditions:

1. Texas public school districts, charter schools, and Education Service Centers may reproduce and use

copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining

permission from TEA.

2. Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for

individual personal use only without obtaining written permission of TEA.

3. Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in

any way.

4. No monetary charge can be made for the reproduced materials or any document containing them; however,

a reasonable charge to cover only the cost of reproduction and distribution may be charged.

Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service

Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational,

located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a

license agreement that may involve the payment of a licensing fee or a royalty.

For information contact: Texas Education Agency, 1701 N. Congress Ave., Austin, TX 78701-1494;

email: [email protected].

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