Fiscal year (FY) 2007 funds that Local Educational Agencies (LEAs)previously received under Title V, Part A (Title V-A) of the Elementary and Secondary Education Act on July 1, 2007, remain available for obligation through September 30, 2009. After that time, unless Congress makes an additional appropriation, there will be no funding available for Title V-A and no flexibility to transfer funds to that program.
Under the Title V-A program, LEAs are responsible for providing equitable services for the benefit of non-public school students. The program statute and Education Department General Administrative Regulations (EDGAR) require that the LEA maintain title to, and administrative control over, any materials and equipment acquired with program funds for the purpose of providing Title V-A services to non-public school students. The U.S. Department of Education (USDOE) has identified two options that LEAs may utilize concerning the materials and equipment purchased with Title V-A funds that are housed in private schools for use by private school students and teachers.
Both of the options described below are consistent with all applicable statutory and regulatory requirements governing the program. Prior to selecting an option, LEAs must engage in timely and meaningful consultation with private school officials in order to ensure that the needs of private school students and teachers have been adequately addressed.
Under the first option, the LEA may allow materials and equipment to remain in a non-public school for the benefit of the school's students under a continuing activity authorized by Title V-A (even though that activity will no longer be funded under Title V-A). Under those circumstances, the materials and equipment must be used for the current Title V-A purposes. 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 USDOE programs should be given priority in the latter instance as per 34 CFR § 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 the use of the materials and equipment. 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, in the absence of the Title V-A program, 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 § 80.32(e)), if the equipment is no longer needed for the current project or another federal program and the per-unit fair market value is less than $5,000.00, the LEAs may retain, sell, or otherwise dispose of the equipment. EDGAR at 34 CFR § 80.32(e) also provides instructions on what to do if the fair market value is greater than $5,000.00. Please note that under this option, an LEA could sell some or all of the materials or equipment to a non-public school for the 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 non-public school officials, the LEA chooses this option, the LEA must develop a method for determining fair market value.
Before making any final decisions regarding the use or disposal of equipment that has been placed in non-public schools under the Title V-A program, the LEA must consult with private school officials.