ADE Director's Communication Memo Form

Memo Number : LS-10-015

Date Created : 10/20/2009


Co-op Directors
Secondary Principals
Elementary Principals
other: Private School Administrators; District Title I Directors

Type of Memo: Informational
Response Required: Yes
Section:   Learning Services - Dr. Laura Bednar, Assistant Commissioner
Equitable Services to Private School Students/Submission of Affirmation

Regulatory Authority:
Elem and Secondary Education Act (as reauthorized by § III6(b)(6) of the NCLB Act of 2001 (Pub. Law 107-110))

Contact Person:
Bernice Martin-Russell

Phone Number:


The Elementary and Secondary Education Act (ESEA), as reauthorized by the No Child Left Behind Act of 2001 (NCLB), requires school districts to provide equitable services to eligible private school students, teachers, educational personnel and, in some programs, parents. Under Title IX, Part E – Uniform Provisions, Subpart 1 – Private Schools local education agencies (LEAs) are required to conduct timely and meaningful consultations with private school staff.

The goal of this consultation process is to design and implement a
program that will provide equitable services and meet the needs of
eligible private school students, teachers and other education
personnel. Consultation between the parties must occur before any
decision is made that could affect the ability of private school
students, teachers and other education personnel to receive benefits
under ESEA and must continue throughout the implementation and
assessment of activities. Consultation should include discussion of
issues such as: how students’ needs will be identified; what services will be offered; how and where the services will be provided; who will provide the services; how the services will be assessed and how the results of assessment will be used to improve those services; the amount of funds available for services; the size and scope of the services to be provided; and how and when decisions about the delivery of services will be made.

Each LEA must maintain and provide to the State educational agency
(SEA) a written affirmation, signed by officials or appropriate
representatives of each private school with participating children,
that affirms that the required consultation has occurred [§
1120(b)(4)]. LEA written affirmation of consultation with private
schools forms are to be submitted by Monday, November 2, 2009. LEAs
receiving a Desk Audit Monitoring Review will submit the written
affirmation form (item # 20, page 6) in conjunction with the required evidence.

Affirmations should be submitted by November 2, 2009, to:

Mary Brown-Calloway
Arkansas Department of Education
Division of Learning Services
Four Capitol Mall, Room 301B
Little Rock, Arkansas 72201

School Improvement Supervisors are available to answer questions from LEAs and private schools regarding private school consultation and services. Other information regarding equitable participation for private schools is available on the ACSIP website at:

Non-Regulatory Guidance regarding Equitable Services for Eligible
Private School Students, Teachers, and Other Educational Personnel
can be found at:

Direct questions to 501-682-4372 or email Mary
Calloway at or Bernice Martin-Russell


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