|
Enacted
Legislation Summary
Federal
Education Programs that Serve Private School Students and Teachers in
The No Child Left Behind Act of 2001, P.L. 107-110
January
31, 2002
Following is an outline of where
federal education programs that provide benefits to private school
students and teachers are located in the Elementary and Secondary
Education Act, as reauthorized by The
No Child Left Behind Act of 2001.
President Bush signed The No Child Left Behind Act of 2001 into law on January 8, 2002,
following passage of the bill by the House and Senate in December 2001.
All of these programs require the
equitable participation of private school students, and/or their teachers
and other educational personnel. Programs marked with an asterisk (*) contain language for
equitable participation within their own titles. For other programs, the requirements for equitable
participation are found in Title IX of P.L. 107-110.
Title I Improving the
Academic Achievement of the Disadvantaged
Improving
Basic Programs Operated by LEAs* [Part
A]
Reading
First [Part B, Subpart 1]
Even
Start Family Literacy [Part B, Subpart 3]
Education
of Migratory Children [Part C]
Title
II Preparing, Training and Recruiting High Quality Teachers and
Principals
Teacher
and Principal Training and Recruiting Fund [Part
A] (Equitable participation required to the extent that the LEA uses the
funds to provide professional development)
Mathematics
and Science Partnerships [Part B]
Enhancing
Education Through Technology [Part
D]
Title
III Language Instruction for LEP and Immigrant Students
English
Language Acquisition, Language Enhancement, & Academic Achievement Act
[Part A]
Title
IV 21st Century Schools
Safe
and Drug-Free Schools and Communities [Part
A]
21st
Century Community Learning Centers [Part
B]
Title
V Promoting Informed Parental Choice and Innovative Programs
Innovative
Programs* [Part A]
Gifted
and Talented Students* [Part
D, Subpart 6] (more limited language on equitable participation)
Consultation Strengthened
The provisions requiring timely
and meaningful consultation with private school officials have been
strengthened. H.R. 1 continues current consultation requirements and adds
provisions on:
- Meaningful
consultation on issues such as:
- Who
will provide services;
- How
the results of assessments will be used to improve those services;
- The
amount of funds available for those services;
- The
size and scope of the services to be provided; and
- How
and when the agency will make decisions about the delivery of
services.
- Thorough
consideration and analysis of the views of the private school
officials on the provision of contract services through potential
third-party providers.
- Where
the LEA disagrees with the views of the private school officials on
the provision of services through a contract, the LEA must provide a
written explanation of the reasons why the LEA has chosen not to use a
contractor.
- Consultation
must continue throughout the implementation and assessment of
activities
Title I
Although H.R. 1 continues to authorize
funding that is specifically designated for capital expenses until October
1, 2003, the Fiscal Year 2002 Labor-HHS-ED appropriations
bill that Congress passed does not fund that authorization for capital
expenses. Thus, unless
Congress enacts another appropriation, there will be no specifically
designated capital expenses allocated by the Department of Education,
starting with the 2002-03 school year.
Despite the elimination of
appropriations specifically designated for capital expenses, Title I funds
may still pay for capital expense type items such as leasing space,
transportation, and mobile vans if those costs are reasonable and
necessary for serving private (or public) school children.
The costs would come out of the regular Title I allocation and be
taken off the top as administrative expenses.
- Other
New Provisions
- Requires
participation, on an equitable basis, of private school teachers and
families in activities developed under sections 1118 (parental
involvement) and 1119 (qualifications for teachers and
paraprofessionals);
- Makes
clear that a factor in equitable services is that they be provided
"in a timely manner";
- Counts
of poor private school children may be determined every 2 years;
- Makes
clear that proportionality is an acceptable way to calculate
poverty of private school children;
- Consultation
must now include meetings
between the LEA and private school officials, which must continue
throughout implementation and assessment of services;
- LEA
must maintain and provide to the SEA a written affirmation signed by
officials for each participating private school that the required
consultation has occurred; and
- Makes
clear some of the factors, such as program quality, that are
considered in making a determination that an LEA has substantially
failed to provide equitable services.
For more information on the No
Child Left Behind Act:
For
a summary of the No Child Left
Behind Act, go to http://www.whitehouse.gov/news/releases/2002/01/20020108.html.
For a copy of H.R. 1, the No Child Left Behind Act of 2001, go to http://thomas.loc.gov/cgi-bin/cpquery/z?cp107:hr334.107:
|
