Requirements for maintenance/control of materials and equipment provided to non-public schools
The Title V-A program statute and the Education Department General Administrative Regulations (EDGAR) require that LEAs maintain title to, and administrative control over, and materials and equipment acquired with program funds for the purpose of providing Title V-A services to non-public school students. Two options have been identified that LEAs may utilize concerning these items now that Title V-A is no longer funded. Prior to selecting an option LEAs must engage in timely and meaningful consultation with private school officials.
Under the first option, the LEA may allow materials and equipment to remain in a non-public school under a continuing activity authorized by Title V-A (even though that activity will no longer be funded under Title V-A). If there is no continuing Title V-A activity, then the equipment may be used for other activities currently or previously supported by the Federal Government that the LEA is implementing for the benefit of the non-public school students. Please note that ED programs should be given priority in the latter instance (34 CFR section 80.32(c)). LEAs must understand that if materials and equipment remain in a non-public school under either of the above instances, the LEAs retain the responsibility to keep title to, and maintain administrative control over, the materials and equipment (despite the absence of Title V-A funds); therefore, LEAs must keep the materials and equipment on their inventories and monitor their use. LEAs should obtain from the appropriate private school official a written assurance that equipment and materials placed in the private school will be used only for secular, neutral, and non-ideological purposes; that private school personnel will supplement, and in no case supplant, the equipment and materials that would have been made available for the participating students.
Under the second option, LEAs may dispose of the equipment placed in non-public schools, under EDGAR (34 CFR sec. 80.32(e)), if the equipment is no longer needed for the current project or another Federal program and its per-unit fair market value is less than $5,000. Please note that under this option, an LEA could sell some or all of the materials or equipment to a non-public school for its fair market value. As a result, the LEA would no longer have the responsibility for administrative control and proper use requirements over the materials and equipment. If, in consultation with the private school officials, the LEA chooses this option, it must develop a method for determining fair market value.
If you have any questions about these requirements, please contact the Office of Teacher Quality and Professional Development at 518-473-7155.