Private Non Profit Schools

Overview

Local educational agencies (LEAs) who receive federal funds are required to provide equitable services for eligible private non profit school children, teachers, and other educational personnel. Services provided by the LEAs for private school participants must be designed to meet educational needs and supplement the educational services by the private schools. After consultation, private schools may receive equitable services in Title I Part A, Title I Part C, Title II, Title III, and Title IV Parts A & B. The LEA must spend the funds on behalf of the private school, and the funds must never be given to a private non profit school.

Statute from ESEA as amended through P.L. 114-95, enacted December 10, 2015 (ESSA)

Section 1117: Participation of Children Enrolled in Private Schools - Title I, Part A

In general. To the extent consistent with the number of eligible children identified under section 1115(c) in the school district served by a local educational agency who are enrolled in private elementary schools and secondary schools, a local educational agency shall:

after timely and meaningful consultation with appropriate private school officials, provide such students, on an equitable basis and individually or in combination, as requested by the officials to best meet the needs of such children, special educational services, instructional services (including evaluations to determine the progress being made in meeting such students' academic needs), counseling, mentoring, one-on-one tutoring, or other benefits under this part (such as dual or concurrent enrollment, educational radio and television, computer equipment and materials, other technology, and mobile educational services and equipment) that address their needs 1117(a)(1)(A)
ensure that teachers and families of the children participate, on an equitable basis, in services and activities developed pursuant to section 1116. 1117(a)(1)(B)

Secular, neutral, nonideological. Such educational services or other benefits, including materials and equipment, shall be secular, neutral, and nonideological. 1117(a)(2)

In general. To ensure timely and meaningful consultation, a local educational agency shall consult with appropriate private school officials during the design and development of such agency's programs under this part. Such agency and private officials shall both have the goal of reaching agreement on how to provide equitable and effective programs for eligible private school children, the results of which agreement shall be transmitted to the ombudsman designated under subsection (a)(3)(B). 1117(b)(1)

Click the Section 1117 link above for the entire text of this portion of the statute.

Sections 8501-8506: Private Schools and Title I Part C, Title II Part A, Title III Part A, Title IV Parts A and B

In general. Except as otherwise provided in this Act, to the extent consistent with the number of eligible children in areas served by a State educational agency, local educational agency, educational service agency, consortium of those agencies, or another entity receiving financial assistance under a program specified in subsection (b), who are enrolled in private elementary schools and secondary schools in areas served by such agency, consortium, or entity, the agency, consortium, or entity shall, after timely and meaningful consultation with appropriate private school officials provide to those children and their teachers or other educational personnel, on an equitable basis, special educational services or other benefits that address their needs under the program. 8501(a)(1)

Secular, Neutral, and Non-ideological Services or Benefits. Educational services or other benefits, including materials and equipment, provided under this section, shall be secular, neutral, and non-ideological. 8501(a)(2)

In General. To ensure timely and meaningful consultation, a State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity shall consult with appropriate private school officials. Such agency and private school officials shall both have the goal of reaching agreement on how to provide equitable and effective programs for eligible private school children. 8501(c)(1)

In General: This section applies to programs under: