Office of Accountability

ESEA Title IIA Requirement to Recalculate Equitable Services
Non Public or Private Schools Q & A originally posted December 2011 remains in effect through 2016-17

To put the following questions in perspective, please read the Title IIA proposal located at: 

Questions from LEAs| Questions from Non-public/Private Schools

Questions from LEAs:

Q: We currently transfer funds out of Title IIA to Title I.  Would those transfer funds be included in the calculation for this year?
A: Funds from Title IIA can only be transferred into Title I for the purposes of Title I.  Upon completion of transfer, those funds no longer become part of the calculation for Title IIA; however, they must now be included as part of the equitable services portion to non-public/private schools under the rules for Title I.

Q: Are non-public/private schools allowed to object to how we want to spend the LEA Title IIA allocation?
A: Decisions regarding the expenditures of Title IIA allocations should be determined in consultation with the non-public/private schools.  Discussions should represent fair and respectful decisions that best meet the needs of students in both the LEA and the non-public/private schools.

Q: We use most of Title IIA for professional development.  In following the calculations, we would need to reserve $23,636 for the non-public/private schools.  Is this figure per year of miscalculation or one time now?
A: Assuming that the $23,636 is based on the application of the posted formula for FY 2011-12, that amount of equitable services is for FY 2011-12 only.  A plan is being developed for the recalculation of equitable services dating back to FY 2007-08 and prorating any needed adjustments over the next five years.  Further guidance will be developed following the receipt of public comment to the email address with the subject line “Title IIA/Non-Public (deadline December 12, 2011).

Q: If we "overprovided" services to the non-publics over the past 5 years, why couldn't we pro-rate that overprovision for the next 5 years? Meaning that we'd reduce the services to the non-publics each of the next 5 years by the pro-rated amounts?
A: Advisory allocations were always considered “minimum” amounts for services that could be equitably shared.  Since regulations allow for additional services to be provided, there can be no “penalty” to the non-public/private schools for having received services in excess of “minimum.”

Q: In regard to calculation of the Hold Harmless amount, if we don't have records of how funds were spent in 2001-2002, how do we do the calculation?
A: We are developing guidance that instructs LEAs to use the records of FY 2001-02 as the primary source of data IF THEY EXIST.  If records no longer exist, LEAs will use ONLY the Eisenhower dollar amount that can be located in a column on the Excel sheet provided online (found as a web link under the table that contains the formula).  If FY 2001-02 records no longer exist, LEAs will not include any portion of the Class Size Reduction column.

Q: Can we use rollover funds?
A: Yes, Title IIA carryover funds may be used.

Q: When do we need to complete these calculations and decide how we're going to provide the additional services to the non-publics? Is there some kind of form or letter we need to send SED to explain what we decide?
A: More details regarding timelines and documentation will be forthcoming.  The purpose of the webinars and access to the Q & A is for public comment and feedback before finalizing the guidance.  Deadline for public comment is December 12, 2011.  Comments may be forwarded through email to: with the subject heading: Title IIA/Non-Public.

Q: Do we ignore the non-public/private schools that have closed prior to this year?
A: Yes.

Questions from Non-public/Private Schools:

Q: Do we know which LEAs underfunded the equitable participation provision and by how much? 
A: This information is not available.  The information required must come from each individual LEA, and there is no way, at this time, to centralize that data.

Q: How is SED verifying whether LEAs are using Class Size Reduction appropriately?  For example, how is Class Size Reduction defined so as to guard against LEAs using Title IIA to supplant state and local funds by hiring teachers that were subject to lay-offs due to cuts in state funding?
A: The United States Education Department has provided guidance to NYSED that it is allowable for LEAs to use Title IIA funds in tight fiscal times to fund teachers who would have lost their jobs with a resulting increase in class sizes.  Detailed documentation is required and must be maintained by the LEA.

Q: Will non-publics get possible new funds from the LEA looking back or only looking forward from today on?
A: The answer is very LEA-specific.  There is no guarantee of new funds.  The proposal indicates three possible results after recalculation:
1. additional services must be provided to non-public/private school teachers, or
2. no change in services to non-public/private school teachers is warranted, or
3. delivery of services to non-public/private school teachers exceeded the amount of
services required as a result of the recalculated allocations.

Q: As LEAs recalculate, the Eisenhower figure for FY 2001-02 provides the lowest possible allocation for their non-public/private schools. Is this correct?
A: In the absence of detailed records dating back to FY 2001-02, the Eisenhower allocation for that year will be used as the Hold Harmless amount.  The LEA must also calculate the equitable portion of professional development funds used in the current fiscal year.  This gives two separate and distinct totals (a total for FY 2001-02 and a total for the current year).  The LEA must provide equitable services based on the LARGER of these two totals.

Q: Will SED advise nonpublic schools as to what records to request from the LEA to find out the Hold Harmless amount?
A: This is a matter of public record and could be provided upon request during the consultation process.

Q: Will the adjustments going forward be protected even if Congress reauthorizes ESEA and changes Title IIA provisions/funding levels? What happens if during this 5-year period Title IIA is eliminated? Will the reimbursement still be forthcoming?
A: There is no way to predict future changes.  Solutions will have to be developed as circumstances change.

Q: Our school moved to a new school district 2 years ago.  How will this work for us since we worked with two different LEAs?
A: Thank you for asking the question.  This is a scenario that has not yet been considered, and we will provide guidance.  If you have any suggestions for us to think about as we move forward, please email them to the address with subject line “Title IIA/Non-Public” by December 12.

Q: If budgets are set and Title IIA funds have been distributed already for 2011-2012, would the LEA still be able to ask for these funds back if they “overprovided” for services?
A: As long as this fiscal year is current, the LEA can choose to make changes in the Title IIA budget.  Any changes that affect the equitable services portion of Title IIA should be made in consultation with the non-public/private schools.

Q. Will each non-public/private school within an LEA be able to choose their own timeline for disbursement or will they need to have the same timeline?
A. Remember that there are no guarantees that an LEA must provide additional services (see one of three outcomes above).  However, if additional services must be provided, the district must consult with the non-public/private schools to collectively decide how to make those changes.  With that said, NYSED will take under consideration the option of choice prior to finalizing guidance.

Q: Does "current expenditures for PD" include only Title IIA or other programs as well?
A: Only Title IIA.  There are requirements for equitable sharing of resources under Title I; however, the formula and requirements for Title I are different than Title IIA.

Last Updated: July 20, 2016