Office of Accountability

Private School Equity



In order to maintain eligibility for Title I funding, all Local Educational Agencies (LEAs), i.e., school districts, that receive Title I funds must be able to demonstrate compliance with the funding legislation. All school districts should familiarize themselves with the information available on this site.  Please pay particular attention to the October 2010 Field Memo (first link below), which addresses compliance issues identified by the US Department of Education in their most recent monitoring of New York State.

All LEAs that receive Title I funds must maintain documentation of their compliance with the requirements to provide equitable services to participating private school students, their teachers, and families. LEAs in New York State will be monitored for compliance with these requirements.

Under Title I, local educational agencies (LEAs) are required to provide supplemental Title I services for eligible private school students, as well as eligible public school students.  In particular, §1120 of Title I, Part A of the Elementary and Secondary Education Act (ESEA), as amended by the No Child Left Behind Act (NCLB), requires a participating LEA to provide eligible children attending private elementary and secondary schools, their teachers, and their families with Title I services that are equitable to those provided to eligible public school children, their teachers, and their families.

The links below provide access to Guidance and legislation that provide details regarding LEA responsibilities in these areas and resources to assist LEAs in carrying them out. Formulas for calculating equitable expenditures for instructional services for eligible private school students that are based on Title I attendance area per pupil amounts, as well as required proportional shares of applicable reserves, and details regarding their use, are described succinctly in the Private School Equity PowerPoint and in greater detail in the Federal Non-Regulatory Guidance for which links are provided below.

These documents also address the LEA’s responsibilities to engage in, and document, meaningful consultation with appropriate private school officials in: developing the Title I program for eligible private school students, their parents, and families; deciding how student eligibility will be determined and how academic need will be assessed; developing benchmarks to measure student and program progress; and evaluating the effectiveness of the Title I program and making adjustments to the program as needed. The final link provides access to New York State Title I Complaint Procedures, which LEAs must provide to private schools, noting that representatives of private schools may address complaints directly to the New York State Department of Education.

Field Memo - Selected Title I Equitable Services Compliance Indicators to be Addressed During the 2010-11 School Year - October 2010 pdf document icon(80.66KB)

Equitable Services for Private Schools Non-Regulatory Guidance external link- Revised March 2009

Title I Services to Eligible Private School Children - Non-Regulatory Guidance - October 17, 2003external link




Private School Equity PowerPoint Presentation powerpoint icon (71 KB)

Ensuring Equitable Services to Private School Children - A Title I Resource Tool Kit - U.S. Department of Education pdf icon (1.94 MB)

Equitable Services Under Title I Statute word document icon (35 KB)

Title I Equitable Services Regulations word document icon (43.5 KB)

Guidelines on Serving Students Residing in One LEA (District) but Attending Private School in a Different LEA word document icon (24.5 KB)



Last Updated: June 23, 2016