Private Nonprofit Audience - ESC16.NET. Equitable Services t… · TEA PNP FAQ Guidance (August 2017) ... ACET Fall 2019 10/22/2019 16 31 Questions? Go to sli.do Event Code #D971

TEA ESSA: Private Nonprofit RequirementsTEA Federal Program Compliance DivisionACET Fall 2019

10/22/2019

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Association For Compensatory Educators of Texas (ACET)

Every Student Succeeds Act (ESSA)Private Nonprofit (PNP) Requirements

October 22, 2019San Antonio

LaN e t ra Gue ss , Fe de ra l P rog ram C om pl ianc e D iv is ion

D ire c tor

P N P Om budsm an

Copyright © Texas Education Agency 2019. All rights reserved. 1

Audience

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Private Nonprofit

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Enter Event Code #D971

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Respond

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3 Questions? Go to sli.do Event Code #D971

▪ Defining Equitable Services

▪ Consultation

▪ Obligation of Funds and Equitable Services

▪ Transferability & Rural Education Initiative (REAP) Authority

▪ Private Nonprofit (PNP) Preschools and Pre-Kindergarten

▪ USDE Updated Title I, Part A PNP Guidance (Oct 2019)

▪ Random Validations

▪ Resources

Agenda

Defining Equitable Services

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EDGAR Defines Nonprofit

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Under 34 CFR 77.1, the term “nonprofit” as applied to an agency, organization, or institution, means that 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.


▪ Local educational agencies (LEAs) are required to provide services for eligible private nonprofit school students

▪ Equitable services are designed to meet PNP educational needs and be supplemental

Equitable Services Are Required

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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 the Ombudsman


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

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Consultation

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Question – Due Dates and Timelines

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Must PNPs agree to district due dates and timelines?

Questions? Go to sli.do Event Code #PNP

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Response – Due Dates and Timelines

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▪ No. However, the dates should be shared during consultation and PNP input solicited on the dates

▪ See USDE Title I, Part A PNP Guidance (#A-4 and #B-31)

LEA Consultation Responsibilities*

▪ Initiate PNP consultation process

▪ Listen and consider PNP views

▪ Share timelines and due dates

▪ Continue ongoing documented consultation meetings

*Selected consultation responsibilities

Questions? Go to sli.do Event Code #D971

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LEA Documentation of Consultation*

▪ Written Affirmation

▪ Results of PNP Agreement

▪ Reason(s) for LEA Disagreement

*Selected consultation requirements


PNP Consultation Responsibilities*

▪ Participate in LEA ongoing consultation meetings

▪ Assist LEA by sharing data/information to identify and verify eligible students

▪ Adhere to LEA timelines and due dates

*Selected consultation responsibilities


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Timely and Meaningful Ongoing Consultation*

Topics:

▪ Affirmation of Consultation▪ Applicable ESSA program requirements

▪ PNP program design and development

▪ PNP needs and data

▪ Equitable services amounts

▪ District policies, procedures, and timelines

*Selected consultation topic requirements


Before, During, and After Consultation Meetings*

LEA documentation:▪ PNP meeting invitation(s)

▪ Meeting agendas

▪ PNP due dates and timelines

▪ Follow-up summary and/or meeting notes

*Selected documentation requirements


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Obligation of Funds and Equitable Services

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Obligation of Funds and Equitable Services

▪ Funds for PNP equitable services▪ Shall be obligated within the same fiscal year

▪ PNP declines equitable services

▪ Carryover▪ Title I, Part A

▪ Title VIII, Part A

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TEA Request for Approval of Participant Support Costs ▪ Reimbursement may be allowed for a portion of

travel costs

▪ Reimbursement for actual travel costs only

PNP Participant Support Costs (i.e., Travel Costs)

Transferability and Rural Education Initiative (REAP)

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May LEAs leave or transfer funds only for the PNP equitable share? No.

Transferability


Small Rural Schools Authority (SRSA)▪ Required by statute

▪ Applies only to Title II, Part A and Title IV, Part A programs

▪ If using Alternative Fund Use Authority (AFUA), LEA must reserve total equitable services amount generated by PNP school

Rural Education Initiative (REAP)

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Rural Low Income Schools (RLIS)▪ LEA must be SRSA eligible

▪ Required by statute Equitable services reservation is based on funds remaining aftertransfer

Rural Education Initiative (REAP)

PNP Preschools and Pre-Kindergarten

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▪ May Pre-K programs located in a PNP school participate and receive equitable services?

▪ Does a PNP school receive additional equitable services if Pre-K students are being served?

PNP Schools and Pre-Kindergarten Programs

USDE Updated Title I, Part A PNP Guidance

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USDE New PNP Guidance Released!

‘Title I, Part A of the ESEA of 1965, as Amended by the ESSA: Providing Equitable Services to Eligible Private School Children, Teachers, and Families Updated Non-Regulated Guidance’ (October 7, 2019)

Consultation

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New Addition to LEA-PNP Consultation Definition

Roles for PNP officials

▪ Participate in consultation

▪ Assist LEA with information necessary to identify low-income students

▪ Provide addresses, grade levels, ages meeting eligibility criteria

▪ Suggesting program designs/modifications to meet PNP needs


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Consultation

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Defining PNP Assistance to LEA – Examples

▪ Eligible students from low-income families

▪ Academic performance of low-achieving students▪ Names, addresses, grades


Title I, Part A Direct Administration

TEA PNP FAQ Guidance (August 2017)

▪ Must be reasonable and necessary

▪ Discussed during consultation▪ Reserved from PNP share▪ Max direct administration cap

(7%) in TEA guidance has not changed

▪ If greater than 10% is reserved LEA at higher risk for TEA audit

USDE Title I, Part A Guidance(October 2019)

▪ Must be reasonable and necessary

▪ Discussed during consultation

▪ Reserved from PNP share

▪ 3rd Party Contractor▪ Reservation from PNP share

▪ Costs identified in contract

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▪ School-by-School

▪ Pooling within an LEA

▪ Pooling across multiple LEAs▪ USDE updated guidance and summary letter (Oct. 2019)

Secretary DeVos Updates Equitable Services Letter (10/10/2019)

LEA Options for Providing Equitable Services


What if a PNP was initially part of a Title I, Part A pool declines services after the equitable services from its eligible low-income students was generated?

▪ Funds generated for equitable services remain within the PNP pool

▪ LEA may allocate any excess funds to provide equitable services in PNP schools that are not part of the pool▪ If no other PNP schools, funds may not go to LEA public

school students

LEA Options for Providing Equitable Services

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https://www.ed.gov/news/press-releases/secretary-devos-issues-updates-equitable-services-private-school-students-under-essa


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Carryover of Funds for Services

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May an LEA carryover unobligated funds for PNP equitable services despite the statutory requirement regarding obligation of funds?

▪ Generally, there should be no carryover

▪ Examples of ‘permissible’ carryover▪ Natural disasters, delayed consultation with extenuating reasons, inability

to employ qualified personnel, unexpected procurement challenges

▪ Third-party contractor and invoiced amount is less than anticipated

▪ LEA must use the carryover for equitable services to affected PNP schools following year


Carryover of Funds for Services

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How does the 15% Title I, Part A carryover limitation apply to equitable services carryover?

▪ The 15% carryover limitation based on LEA’s total Title I, Part A allocation

▪ If LEA exceeds carryover limitation, and TEA reduces LEAs allocation, reduction does not come from equitable services carryover▪ Exception – PNP schools declines all or portion of services and no other

participating PNP schools

▪ Then, TEA would consider the funds generated for declined services when making a reduction to LEA’s allocation


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Deadlines for PNP Participation

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May an LEA impose reasonable deadlines on PNP officials to facilitation meeting the obligation of funds requirement? [(ESSA, Section 1117(a)(4)(B)]

▪ Yes

▪ Established during consultation

▪ If deadline not met, LEA may consider PNP to have declined services


Deadlines for PNP Participation

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LEA Should Provide PNP:

▪ Advanced reasonable deadlines▪ Discuss during consultation

▪ Follow up with written timeline and deadlines

▪ Clear and sufficient notice

▪ Potential consequences for not meeting deadline

▪ Adequate time for PNP officials to respond


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PNP Random Validations

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▪ ESSA Reports Access Required

▪ Documentation must be specific

▪ 10 MB limit per upload

▪ No email submissions

▪ LEA Official Notification: November 1, 2019

PNP Random Validations

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If an LEA does not have access to ESSA Reports at the time validation documents are due, may an ESC upload for them?

▪ No. Documents must be uploaded by the LEA

▪ Verify the LEA has ESSA Report access before validations are due

▪ LEA staff may need superintendent approval before TEA receives the request for access

▪ If there are LEA questions on receiving or knowing who has district access for submission, email Didi Garcia


PNP Validation Timeline

LEA Notification

Nov. 1, 2019

LEA Docs Due

Nov. 15, 2019

TEA Contacts ESC

Feb. 4, 2020

LEA Results

Feb 14, 2020

ESC LEA TA Deadline

March 6, 2020


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Resources

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Websites

▪ TEA PNP Equitable Services

▪ Title I Capacity Building (Region 10)

▪ U.S. Department of Education (USDE) Office of 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://www2.ed.gov/about/offices/list/oii/nonpublic/index.html


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Resource Documents

▪ ESSA Private Nonprofit School Equitable Services: Frequently Asked Questions Preliminary Guidance from the Texas Education Agency (Aug 2017)

▪ Title I, Part A of the ESEA of 1965, as Amended by the ESSA: Providing Equitable Services to Eligible Private School Children, Teachers, and Families Updated Non-Regulated Guidance (Oct 2019)

▪ NCLB Title IX, Part E Uniform Provisions Subpart 1 – Private Schools (Mar 2009)

Thank You

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Copyright © Texas Education Agency 2019. All rights reserved. 45

LaNetra GuessFederal Program Compliance Division

PNP Questions

Direct Email: [email protected]

TEA Email: [email protected]

Copyright © Texas Education Agency 2019. All rights reserved.

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