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Participation and Consultation Requirements
Participation Requirements
Public school districts must notify all private/nonpublic schools within the district boundaries of the services available under all federal programs.
Private/nonpublic schools must submit the Intent to Participate forms by the spring deadline in order to qualify for services the following school year.
Public school districts must:
- Review Intent to Participate forms and determine which private/nonppublic schools wish to participate and which do not wish to participate.
- Contact private/nonpublic schools that indicate intent to participate and begin the consultation process in April through June. Consultation must start prior to the public district submitting the federal grant application and must continue throughout the school year.
Consultation Requirements
Consultation between the public school and private/nonpublic schools during the design, development, and implementation of the programs must:
- Be timely and meaningful and must happen prior to district decisions being made to ensure the needs of the private/nonpublic school are considered when professional development, teacher assignments, and other decisions are being made.
- Take place on an annual basis, and be documented by the district. Public school district should complete a written affirmation form (required for Title I) indicating the date the consultation took place between the public and private/nonppublic school. The affirmation of consultation should be signed by both the public and private/nonpublic school officials.
- Continue throughout the year to ensure the needs of private/nonpublic school students are being met. Consultation is an ongoing process and can occur in many ways such as phone calls, e-mails, or a site visit.
- Cover issues such as:
- How the private/nonpublic student needs will be identified
- What services will be offered
- How and where the services will be provided
- How the services will be assessed and how the results of the assessment will be used to improve those services
- Service delivery mechanisms used to provide equitable services
- Who will provide the services
- The amount of funds available to serve private/nonpublic school students
- The public schools must discuss with the private/nonpublic school the amount of services available to them in each of the federal programs.
- This will allow the private/nonpublic schools to better plan appropriately and make careful decisions with the public school district to serve private/nonpublic school students.
- The size and scope of the services to be provide
- The public and the private/nonpublic school should have a written plan of services to be provided.
- Supplement not Supplant: Any activity funded with ESEA/NCLB programs must supplement, not supplant (replace), private/nonpublic school funds. See the specific federal program for a definition of Supplement not Supplant for that program.
- Consideration of the views of the private/nonpublic school officials concerning the use of third-party providers
- When the LEA disagrees with the views of the private/nonpublic school officials on the provision of services, the LEA must provide a written explanation of the reasons why the LEA has chosen not to use a contractor.
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