ESSA Private School Equitable Services
This page describes TEA plans for compliance with equitable private nonprofit school (PNP) services requirements under the Every Student Succeeds Act (ESSA).
ESSA Equitable Services
Private Nonprofit Equitable Services Reservations
The reports below provide the amount of funds that must be reserved by LEAs for equitable services to eligible students at participating private nonprofit schools.
For Title I, Part A, the private nonprofit (PNP) equitable services reservation amount does not include any reduction for school district administration of private nonprofit services. School districts are required to consult with PNPs prior to deducting administration costs from the equitable services amount.
- 2018-2019 ESSA LEA Private Nonprofit Equitable Services Reservations by LEA
- 2018-2019 ESSA LEA Private Nonprofit Equitable Services Reservations by ESC
- 2017-2018 ESSA LEA Private Nonprofit Equitable Services Reservations by LEA
- 2017-2018 ESSA LEA Private Nonprofit Equitable Services Reservations by ESC
TEA is providing the PNP Equitable Services Calculator as an LEA resource tool. The LEA can determine the equitable share for each program with private school participation. In addition, the tool will determine the impact on the equitable share for LEAs that are electing to utilize the Funding Transferability option under Title V, Part A. This is a planning tool and not the official published equitable share amount that is calculated in the ESSA Consolidated Application for Federal Funding. At the discretion of the LEA and/or private school, the worksheets may be printed and maintained locally.
TEA is providing the Immediate Aid to Restart School Operations (Restart) grant planning amounts for eligible private nonprofit school equitable services.
- 2018-2020 Restart Allocations Planning Amounts By PNP
- 2018-2020 Restart Allocations Planning Amounts By PNP By Region
ESSA PNP Equitable Services FAQ (Version 1, 08/23/2017) provides answers to common questions regarding the provision of equitable services.
ESSA PNP Equitable Services: Transferability Authority FAQ (Version 1, 04/25/2018) answers questions related to the authority ESSA provides grantees to transfer certain grant funds.
Restart FAQs for Private Nonprofit Schools provides answers to common questions regarding the Immediate Aid to Restart School Operations (Restart) grant.
ESSA Equitable Services Forms
TEA has developed the following forms for districts to use in complying with the ESSA equitable services requirement.
Affirmation of Consultation with PNP School Officials
In accordance with the requirements of ESSA, districts and eligible PNPs must collaborate to complete the following Affirmation of Consultation forms, as applicable, and submit them to TEA. Instructions for completing and submitting the forms are also linked below, in addition to the sections of ESSA that specify the PNP consultation requirement.
- Affirmation of Consultation with PNP Officials: Formula Grants
- Affirmation of Consultation with PNP Officials: Title IV Part B, 21st Century Community Learning Centers (CCLC)
- Affirmation of Consultation with PNP Officials: CARES Act ESSER Grants
- Instructions for completing and submitting the affirmation forms
PNP Excessive Carryover Waiver Request
To ensure that equitable services are provided in a timely manner, an LEA must obligate the funds allocated for equitable services under all applicable programs in the year for which they are appropriated. [ESSA Sections 1117(a)(4)(B) and 8501(a)(4)(B)]. There may be extenuating circumstances, however, in which an LEA is unable to obligate all funds within this timeframe in a responsible manner. Under these extenuating circumstances, the funds may remain available for the provision of equitable services under the respective program(s) during the subsequent school year. In determining how such carryover funds will be used, the LEA must consult with appropriate private school officials. [ESSA Sections 1117(b) and 8501(c)].
If an LEA is requesting carryover for PNP equitable services due to extenuating circumstances, it must submit one carryover waiver request per PNP school.
TEA Procedure for Offering PNP Equitable Services Upon Request
The purpose of this policy and procedure is to meet the ESSA requirements when a participating private nonprofit school files a complaint against the school district and requests the state to provide its equitable services under ESSA programs, and the ombudsman substantiates the validity of the complaint. [ESSA Sections 1117(b)(6)(A-C) and 8501(c)(6)(A-C)].
PNP Complaint Forms
The following resources are available in English and Spanish to private school officials and other stakeholders who believe that the ESSA equitable services requirement has been violated:
- ESSA PNP Complaints and Procedures (English)
- ESSA PNP Complaint Form (English)
- Procedimientos de cómo presentar quejas (Español)
- Formulario para Quejas: Servicios Equitativos (Español)
Approval of Participant Support Costs
Under ESSA, equitable services to PNPs that are required, and therefore allowable, under federal program statute include registration and travel costs for PNP staff participating in allowable professional development activities. The direct cost of providing training, including travel to professional conferences and any registration fees, meets the EDGAR definition of a "participant support cost."
School districts that expend federal grant funds on the provision of equitable services must complete the Request for Approval of Participant Support Costs: Private School Equitable Services form. The district must print the completed form and maintain the printed copy as documentation of the required approval for expenditure of federal grant funds on participant support costs. This documentation must be provided to auditors and monitors upon request.
Texas has designated an ombudsman to monitor and enforce equitable services requirements under Title I, Part A and Title VIII of ESSA. The ombudsman serves as the state’s primary point of contact for addressing questions and concerns from private school officials and local school districts. Other ombudsman duties include the following:
- Providing technical expertise in interpreting, understanding, and implementing accountability requirements for equitable services
- Providing guidance to local school districts and private schools, as needed
- Addressing complaints regarding consultation and/or equitable services provisions: Refer to the PNP Complaint Forms section above for links to the complaint procedures and forms in both English and Spanish.
- Ensuring all equitable services reporting requirements are met
- Overseeing the TEA Private School Equitable Services Workgroup
- Developing monitoring protocols
- Participating in TEA’s Title I Committee of Practitioners meetings
- Participating in the Texas Private School Accreditation Commission (TEPSAC) and International Association for Learner Driven Schools (IALDS), and Texas Private Schools Association (TPSA) meetings
PNP Complaints and Procedures
TEA's PNP ombudsman addresses alleged violations of the ESSA equitable services requirement. Refer to the PNP Complaint Forms section above for links to the complaint procedures and forms in both English and Spanish.
Refer to ESSA Section 8503 for the statutory description of the complaint process.
Private School Equitable Services Workgroup
TEA has established the Private School Equitable Services Workgroup to fulfill part of the PNP ombudsman responsibilities. This group is made up of eleven school district representatives, two education service center (ESC) representatives, and nine PNP school representatives.
Workgroup Roles and Duties
As described in this overview of its role and duties, the Private School Equitable Services Workgroup reviews equitable services requirements such as monitoring protocols, complaint procedures, and the process for requesting the state provide equitable services. The group also provides input on the types of support needed for equitable services.
Workgroup Meeting Schedule
The Private School Equitable Services Workgroup meets regularly, as follows:
- September 5, 2018 (Austin)
- October 9, 2018 (Virtual)
- December 4, 2018 (Dallas)
- February 12, 2019 (Virtual)
- April 30, 2019 (ESC 20)
ESSA Equitable Services Information
Information on the ESSA equitable services requirement is available from the following sources.
The following resources are available from USDE:
- Updated equitable services nonregulatory guidance: The US Department of Education (USDE) has released draft nonregulatory guidance concerning equitable services required under ESEA Title I, Part A.
- US Secretary of Education Devos's letter to Congress regarding religious organizations serving as equitable services contract providers
- USDE fact sheet about the unconstitutional restriction on religious organizations
In addition to the FAQ linked above, TEA has prepared the following ESSA equitable services resources:
- PNP Overview
- TEA Collaborative Partnerships E-Newsletter
- Best Practices for Using Title I Part A Funds under ESSA for PNP Needs
- Title I, Part A Use of Funds Guidance: PNP Equitable Services
- Best Practices for Using Title IV, Part A Funds under ESSA to Support PNP School Needs
- Equitable Services Training Presentation for ESCs
- LEA Self-Assessment Form
Capacity Building Initiative
TEA works closely with a coordinator at ESC 10 for the Capacity Building Initiative (CBI) grant. Part of the work for the CBI is to assist with the PNP implementation requirements. In this capacity, CBI provides information and resources on our behalf. CBI is also a participant in Private School Equitable Services Workgroup meetings.
CBI has produced the following videos to assist LEAs in providing equitable services:
CBI also makes the following information available:
- Overview of ESSA requirements applicable to PNPs, including equitable services
- Video of a sample PNP consultation
Federal Statute, Guidance, and Resources
The following links lead to federal statute and guidance describing the ESSA requirement for the provision of equitable services to private nonprofit schools (PNPs).
- ESSA Section 1117
- ESSA Section 8501
- Equitable Services Comparison Chart: ESSA and NCLB Side-by-Side
- Office of Non-Public Education (USDE website)
- ESSA Fiscal and PNP Guidance
- NCLB Title I Services to Eligible Private School Children
- NCLB Private Schools Guidance, Title IX
For more information on ESSA, including an FAQ and list of key statutory resources, refer to the ESSA page of the USDE website.
PNP Training Schedule
TEA staff provided the following training sessions on ESSA equitable services requirements.
- September 21, 2018: Ombudsman Live Conference (Washington, D.C.)
- October 4, 2018: Department of Contracts, Grants and Financial Administration (CGFA) Statewide Training (Austin, TX)
- October 8, 2018: Department of CGFA Statewide Training (Lubbock, TX)
- October 12, 2018: Department of CGFA Statewide Training (Houston, TX)
- October 25, 2018: Association for Compensatory Educators of Texas (ACET) (Corpus Christi, TX)
- November 8, 2018: ESC 20 (San Antonio, TX)
- November 14, 2018: ESC 4 (Houston, TX)
- November 30, 2018: ESC 13 (Austin, TX)
- December 11, 2018: Texas Education Telecommunications Network (TETN) (Selected ESC Regions)
- December 13, 2018: ESC 11 (Ft. Worth, TX)
- January 31, 2019: National ESEA Conference (Kansas City, MO)