Site Index | CDE Offices | Staff Directory

Equitable Services in Non-Public Schools

Equitable Services Overview 

The Every Student Succeeds Act (ESSA) was signed into law by President Obama on December 10, 2015 and includes updates to the equitable services provisions under Title I and Title VIII.  Updates include the following:

  • Requires the state to give timely notice to private school officials regarding the amount of the allocation for educational services and other benefits for private school students
  • Requires the proportional share of funds for equitable services be calculated based on the district’s entire Title I, Part A allocation, prior to determining any allowable expenditures or transfers
  • Requires all funding for equitable services be obligated in the first fiscal year that the funds are available to districts
  • Creates a state-level ombudsman to monitor and enforce equitable services requirements
  • Requires the state to give timely notice to private school officials regarding the amount of the allocation for educational services and other benefits for private school students
  • Strengthens the timely and meaningful consultation provisions by requiring discussion of additional topics
  • Requires districts to submit the results of the timely and meaningful consultation to the ombudsman
  • Requires districts to provide private school officials with a written explanation of the reasons the district disagrees with the view of private school officials on a particular consultation topic
  • Gives private school officials the option of signing an affirmation stating the district did not engage in timely and meaningful consultation
  • Updates the states services option and procedures
  •  Adds specific time frames for the SEA and ED to consider a complaint from private school officials

Consultation

The goal of consultation is agreement between the LEA and appropriate private school officials on how to provide equitable and effective programs for eligible private school children. The “goal of reaching agreement” between an LEA and appropriate private school officials is grounded in timely, meaningful, and open communication between the LEA and the private school officials on key issues that are relevant to the equitable participation of eligible private school students, teachers and other education personnel, and families in ESEA programs.

Meaningful consultation provides ample time and a genuine opportunity for all parties to express their views, to have their views seriously considered, and to discuss viable options for ensuring equitable participation of eligible private school students, teachers and other education personnel, and families. This assumes that the LEA has not made any decisions that will impact the participation of private school students and teachers in applicable programs prior to consultation, or established a blanket rule that precludes private school students and teachers from receiving certain services authorized under applicable programs. An LEA should consult with private school officials about the timeline for consultation and provide adequate notice of such consultation to ensure meaningful consultation and the likelihood that those involved will be well prepared with the necessary information and data for decision-making. Successful consultation begins well before the implementation of services, establishes positive and productive working relationships, makes planning effective, continues throughout implementation of equitable services, and serves to ensure that the services provided meet the needs of eligible students and teachers.

Consultation forms must be submitted to the Ombudsman for Equitable Services after timely and meaningful consultation.  The 2017-18 Consultation Form and Sample Interdistrict Memorandum of Understanding are provided below; however, an updated version of these forms will be available to LEAs soon.  Please use the following documents for information purposes only.

Resources

·         2016-17 Non-public School Codes (Released 2016)

For additional information regarding the provision of equitable services, contact the Ombudsman for Equitable Services:  Colleen Brooks  303-866-3897​

Quick Links

 

Contact Us

Colorado Dept. of Education
201 East Colfax Ave.
Denver, CO 80203
Phone: 303-866-6600
Fax: 303-830-0793
Contact CDE

CDE Hours
Mon - Fri 8 a.m. to 5 p.m.
See also: Licensing Hours

Educator Licensing 

WCC Access