Equitable Services Requirements Under ESSA Allen County Non-Public School Association Annual Principal’s Breakfast Brenda Martz Equitable Services Ombudsman September 13, 2018 @EducateIN
A Little Background…… • Began classroom teaching career in a public school and ended teaching career in a non-public school. • Worked for the IDOE for 13 years in Title I until appointed Ombudsman in August, 2017. • The most frequently asked question: What exactly is an ombudsman? @EducateIN
What is an Equitable Services Ombudsman? To help ensure equity, the State Education Agency (SEA) shall designate an ombudsman to monitor and enforce equitable service requirements related to equitable services provided to non-public school children, teachers and other educational personnel in non-public schools. (Section 1117(a)(3)(B)) Primary responsibilities: • To partner with the staff in the IDOE’s Office of Title Grants and Support in providing support to public and non-public school officials; • To develop processes, procedures, and templates; • To receive and monitor the affirmation of consultation forms from the Local Education Agency (LEA) beginning in SY18-19; • To serve as an impartial mediator when responding to questions and resolving formal complaints. @EducateIN
Programs Providing Equitable Services Under ESSA Title I : • Title I, Part A (Improving Basic Programs) Programs covered under the Uniform Provisions of Title VIII: • Title I, Part C (Education of Migratory Children) • Title II, Part A (Supporting Effective Instruction) • Title III, Part A (English Learner Programs) • Title IV, Part A (Student Support and Academic Enrichment) • Title IV, Part B (21 st Century Community Learning Centers Program) @EducateIN
Significant Changes Under ESSA Significant changes to equitable services requirements for programs covered under Title I and Title VIII: Ombudsman Consultation Complaint Process Compliance Obligation of Funds @EducateIN
Non-Public School Consultation The goal of all parties should be to reach an agreement on how to provide equitable and effective programs for eligible non-public school children. Sections 1117(a)(1)(A) and (b) and Section 8501(c)(1) • Effective consultation provides a genuine opportunity for all parties to express their views and to have those views seriously considered. • The LEA may initiate consultation with recommended services, based on the assessed needs of the students; • The LEA must provide “timely and meaningful” consultation with appropriate non-public school officials. • Final decisions are made by the LEA. If the LEA disagrees with the views of the non-public school officials regarding any of the issues subject to consultation, it must provide non-public school officials written reason why it disagrees. Section 1117(b)(2) @EducateIN
Written Affirmation of Consultation The list of topics in the affirmation of consultation that must be discussed during consultation has been expanded to include: • How the proportionate share of funds is determined; and • When, including the approximate time of day, services will be provided; and • Whether the LEA will provide services directly, through a separate consortium or third-party contract; and • Whether to pool funds or provide services on a school-by-school basis. The written affirmation must provide the option for non-public school officials to indicate their belief that timely and meaningful consultation did not occur or that the program design is not equitable with respect to eligible non-public school children. . @EducateIN
Disagreement: What Happens? Letter of Concern to the LEA : IDOE encourages the LEA to discuss disagreements with the non-public school official through meaningful consultation and provide technical assistance, if needed. The LEA may ask the non-public school official to submit a “Letter of Concern to the LEA” outlining the issue. • A template for the “Letter of Concern to the LEA” can be found on the ombudsman webpage: https://www.doe.in.gov/grants/ombudsman If agreement cannot be met or if additional assistance is needed, the LEA or non-public school official may request a conference call with the assigned Federal Grants Specialist for assistance. @EducateIN
Disagreement: What Happens? Letter of Complaint to the Ombudsman : If an agreement can’t be met between the non-public school official and the LEA during technical assistance with the Federal Grants Specialist, a formal compliant can be filed with the ombudsman to mediate a resolution. • The template for the formal complaint can be found on the Ombudsman webpage: https://www.doe.in.gov/grants/ombudsman. • All parties must attach the appropriate documentation to the formal complaint, which will include meeting meetings, notes from conference calls and the Letter of Concern to the LEA. • The timeframe that an SEA has for responding to a written formal complaint from parents, teachers, or other individuals concerning violations is 45 days. Section 8503 @EducateIN
Compliance: Direct Services An SEA must provide equitable services directly or through contracts with public or private agencies, organizations or institutions, if appropriate non-public school officials have – • Requested that the SEA provide such services directly; and • Can demonstrate that the LEA has substantially failed or is unwilling to provide equitable services to the non-public school students. Sections 1117(b)(6)(C) and 8501(b)(6)(C) @EducateIN
Notice of Funds for Equitable Services An SEA must annually provide the allocation of funds for educational services under each program governed under Title I and Title VIII that an LEA has determined are available for eligible non-public school children, teachers and other educational personnel, and families. • Documentation includes the allocation for each non-public school and outlines how the allocation was determined. • Documentation can be found on the IDOE website on the Ombudsman webpage: https://www.doe.in.gov/grants/ombudsman. @EducateIN
Obligation of Funds In general, 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. (ESEA sections 1117(a)(4)(B) and 8501(a)(4)(B).) • This provision reinforces that the LEA conduct timely consultation so that those services can begin at the beginning of the school year for which the funds are appropriated. @EducateIN
What Should You Ask From Your LEA? • For open and on-going communication; • For sufficient time to plan so you can be good stewards of the funding; • To be transparent about funding; • To get services up and running as soon as possible; • For help in understanding ESSA law; • To focus on the needs of your students and your knowledge of them. Questions to ask to prepare for effective consultation: • What should we consider prior to the meeting? • What should we bring to the meeting? • What is your internal timeline? • Is there anything you could provide in advance that will assist in our preparation? @EducateIN
Resources • Non-Regulatory Guidance – Title I Private Schools http://www.doe.in.gov/titlei/federal-guidance • Non-Regulatory Guidance – Title II, Part A https://www.doe.in.gov/sites/default/files/titlei/essa-titleii-parta-guidance.pdf • Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements Under ESSA https://www2.ed.gov/policy/elsec/leg/essa/essaguidance160477.pdf • Federal Programs: Fiscal Updates http://www.doe.in.gov/titlei/federal-programs-fiscal-updates @EducateIN
Resources • IDOE Non-Public School Ombudsman webpage https://www.doe.in.gov/grants/ombudsman • IDOE Office of Title Grants and Support webpage https://www.doe.in.gov/grants Brenda Martz, Equitable Services Ombudsman Indiana Department of Education 317-233-3457 bmartz@doe.in.gov @EducateIN
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