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ESEA Equitable Services: Frequently Asked Questions

Frequently Asked Questions

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Find answers below to questions regarding existing statutes, regulations, and program guidance available to the Wisconsin Department of Public Instruction (DPI).

Please contact the ESEA Ombudsman (essaombudsman@dpi.wi.gov) or your DPI consultant for further information.

Consultation

If an LEA consults with their private school partners, and determines the greatest need still remains at the public school, can the LEA use these funds to support public school students?

No. The private school(s) should receive access to their full private share.

For Title I services, ESEA requires an LEA to:

  • Ensure expenditures for equitable services are equal to the proportion of funds generated by children from low-income families who reside in participating Title I-A public school attendance areas and attend private schools; and
  • Determine the proportional share of Title I-A funds available for equitable services for eligible private school children based on the total amount of Title I-A funds received by the LEA prior to any allowable expenditures or transfers of funds.

    ESEA section 1117(a)(4)(A)

For services supported by Title II, III, and IV, ESEA requires an LEA to:

  • Ensure expenditures for equitable services for eligible private school children and educators under covered ESEA programs are equal on a per-pupil basis to the expenditures for participating public school children and educators, taking into account the number and educational needs of the eligible private school children and educators.
  • Determine the proportional share of Title II, III and IV funds available for equitable services for eligible private school children based on the total amount of Title II, III and IV funds received by the LEA prior to any allowable expenditures or transfers of funds.

    ESEA section 8501(a)(4)(A)

Does page 3 of the Affirmation of Consultation with Private School Officials form serve as documentation for the annual plan for services?

No. LEAs should consider using DPI’s Providing Equitable Services Planning Template, or a similar planning tool, to plan for equitable services. LEA and private school officials should develop a plan early on (spring), making it easier to implement the services and leave less room for misunderstandings throughout the school year. Taking the time to understand each other’s preferences will also help build an ongoing collaborative relationship that will simplify joint decision making.

Page three of the Affirmation of Consultation with Private School Officials form is optional and is only there for LEAs and private school officials to record the services agreed upon and the process used to determine the services. DPI does not review this page.

20 U.S.C. 6320(b) and 20 U.S.C. 7881(c)

Is there a due date for the Affirmation of Consultation with Private School Officials form (Affirmation form)?

Although there is no specific due date for completing and uploading affirmation forms, gaining access and completing the applications for TI, TII, TIII, and TIV is contingent on submitting an acceptable affirmation form for each private school within the LEA boundaries. One unacceptable affirmation form is all it takes to hold up the rest of the process, which could prevent an LEA from meeting the due dates for the Title applications in late August. WISEgrants identifies whether or not private screens (i.e., enrollment, subbudgets) are required for LEAs’ Title applications based on the responses to the affirmation form. 

DPI recommends LEAs begin consulting with private school officials in the late winter (February/March) and early spring (April) to develop a plan for services for the new school year before the end of May, giving LEAs ample time to complete the application once the grant applications open in WISEgrants. 

DPI doesn’t provide LEA level allocations until the spring. How should LEAs and private schools plan for equitable services when the amount of actual funds available isn’t confirmed until later in the spring or summer?

LEAs can utilize the DPI calculators linked below to determine a preliminary allocation under Titles I, II, and IV using current, available enrollment data from the private school. It is considered a best practice to collect this information from the private schools in advance of any planned initial consultation meetings so the LEA can calculate a preliminary allocation to use for planning equitable services in the spring. Once actual numbers are available, plans can be adjusted accordingly. 

Title I Equitable Share Calculator
Title II Equitable Share Calculator
Title IV Equitable Share Calculator

If an LEA is having a hard time with one of their private schools returning the affirmation form, multiple phone calls and emails. Are they able to lean on DPI to contact them or help in any way?

There is a specific process for LEAs to follow if you are having difficulty connecting with your private schools to consult. We ask that there be three good attempts to reach out to the private school partner to consult, and then after that we would allow you to submit evidence of the attempts to consult in lieu of an affirmation form. More information can be found in the When a Private School Does Not Respond to an LEA’s Attempts to Consult technical assistance document.

If one of the private schools located within an LEAs boundaries respond with an email stating they will not be participating in any of the ESEA programs, is the email acceptable evidence to upload to WISEgrants demonstrating the private school will not be participating?

DPI asks that you gently follow up and ask the private school to sign the form demonstrating that they are declining services. If the private school does not proceed to sign the form or does not respond, you could upload the email for evidence. The preference is to have them sign the affirmation form.

Are digital signatures acceptable on the private school affirmation form?

Yes, the form allows for digital signatures and DPI will accept digital signatures.

After an LEA submits the affirmation form is there any action that needs to be taken?

No. After the affirmation form has been uploaded, the LEA does not need to take any action unless the form is “Returned” or “Under ESSA Ombudsman” review. 

There is a private school in an LEAs boundaries that is closing at the end of the school year. Is there anything that the LEA needs to do to ensure that the school is removed from WISEgrants? Who is responsible for notifying DPI?

It is the private school’s responsibility to notify DPI that their school is closing. The private school should follow the instructions listed on DPI’s School Modification webpage to indicate that they are closing. If these school(s) do not complete the form, the school will remain on the LEA's ESEA private school affirmation form screen - it might be helpful if the LEA reaches out to the private school partners to have them complete the school modification form. DPI recommends being transparent and proactive with private school partners in updating this information.

Are private school affirmation forms automatically accepted after being submitted?

No. DPI staff reviews each affirmation form and sometimes “Returns” the form or puts it “Under ESSA Ombudsman Review '' and DPI will post a message in the WISEgrants message board explaining why the the form was not accepted and the steps the district will need to take in order for DPI to accept the form.

Enrollment and Poverty Data

Why must an LEA collect poverty data from private schools?

LEAs must collect poverty data (low-income enrollment data) from private schools in addition to students’ addresses in order to determine the equitable share for services provided with Title I funds. Poverty data is not used to calculate the equitable shares for the other ESEA titles.

ESEA section 1117(a)(4)(A)

If a private school is not participating in Title I, does the private school still need to provide the LEA with student address information?

No. The private school that declines to participate under Title I is not required to provide the LEA with student addresses.

The private school would still need to provide their total enrollment count to the LEA if they are participating in services funded by Title II-A and/or Title IV-A grants.

ESEA section 1117(a)(4)(A), ESEA section 8501(a)(4)(A)

When should LEAs begin collecting enrollment data, address information, and low-income data for the upcoming school year?

Best practice is for LEAs to collect this information ahead of any planned initial consultation meetings. The recommended timeline for initial consultation meetings is late winter (February/March) to early spring (April). The district should request data from the private school based on a count date that is reasonably close to the count date the LEA uses for public school enrollment data to inform their federal grants in the upcoming school year.

If poverty data is being collected prior to any consultation meetings, the LEA is still required to discuss and identify the poverty measure source to be used with the private school

What if a private school is new and doesn't have enrollment until the summer?

In general, since enrollment data won't be available for newly established private schools until late summer or early fall, DPI recommends a one-year lag, from when the private school opens to when it participates under ESEA equitable participation. This “lag year” gives the private school additional time to properly institute their general curriculum and programs; as well as ensures the LEA is able to collect and provide actual enrollment data within their Title applications in a timely manner.

If an LEA and a newly established private school decide to move forward with equitable services in the year in which the private school opens, the LEA is still required to use a consistent count date across all school buildings, whether public or private. While the LEA may use estimated enrollment numbers during initial planning, the LEA would be required to enter actual enrollment numbers for both the public and private schools in the fall when the new private school finalizes its enrollment count. Typically, this would result in the LEA needing an extension to complete their Title applications.

Can BadgerCare be used to determine low-income counts for private school children?

Yes. BadgerCare can be used as a measure of low-income counts for private school children as long as it's consistent and/or comparable with the LEAs poverty measure, and the LEA and private school discuss this option as part of the consultation process. If available, the same poverty measure must be used.

It is important to know that BadgerCare data is different from the National School Lunch Act (Free and Reduced Price Lunch data). The income threshold for BadgerCare data goes up to 300% of the federal poverty level.

ESEA section 1117(c)(1)

Equitable participation guidance mentions the 185% or lower threshold for determining low-income counts, can DPI provide more guidance on this?

The majority of LEAs use Free and Reduced Price Lunch data to calculate poverty for their public schools. The poverty threshold for families participating in the Free & Reduced Price Lunch program is 185% of poverty or below. Therefore, the threshold used for calculating poverty at a private school would need to be consistent with this percentage whether or not the school utilizes the same data.

If a private school low-income student does not qualify for Title I services based on academic performance, does this student need to be included in the low-income counts when entering enrollment and poverty data in WISEgrants?

LEAs should include all resident students (those who live within the LEA’s boundaries) when entering enrollment counts on the TI Private Enrollment screen, regardless of whether or not the student(s) qualify for services. LEAs must assign private school students to the appropriate public school attendance areas based on their address and grade level. When assigning private school students, the LEA should assign the students to the public school they would attend if enrolled in the LEA.

For the private school students who are not residents of the LEA, LEAs must notify the LEA(s) where the student(s) reside. For additional information see Title I Services for Private School Attending a Private School in a Different LEA.

Students at a private school who reside in a Title I-served attendance area and demonstrate an academic need are the students who are eligible for services. The students that generate an allocation for the school are not always the same students receiving services.

How should LEAs determine the poverty threshold for tuition-assistance at the private schools who do not use Free and Reduced Price Lunch data and want to participate in Title I services?

Private schools determine the poverty threshold for their tuition assistance program. If an LEAs uses Free and Reduced Price Lunch data to determine poverty data in the public schools, then the private school’s tuition assistance data can only be used for Title I purposes if it has a threshold of 185% of poverty or below. If the tuition assistance program has a different poverty threshold, then the private school must collect income-level data with a threshold of 185% of poverty or below from families. Another alternative would be for the LEA and private school(s) to agree to use a different data source or income threshold for both the public and private schools. Options for alternative poverty measures are discussed in this Title I Shorts Video: Collecting Poverty Data on Private School Children (4:10)

LEAs must ensure that the poverty threshold used to determine poverty data for the public and private schools is the same.

How should LEAs determine the low-income threshold for private schools that participate in the Choice program?

A student participating in the Private School Choice Program does not equal low-income identification for Title I. The income threshold for student eligibility for a school choice voucher varies depending on which state choice program the private school is participating in. The income threshold for the Wisconsin Parental Choice Program is 220% of poverty or below, while the income threshold for Milwaukee or Racine Parental Choice Programs is 300% of poverty or below).

LEAs must ensure that the poverty threshold used to determine poverty data for the public and private schools is the same. Other options for collecting the poverty data for private schools are discussed in this Title I Shorts Video: Collecting Poverty Data on Private School Children (4:10)

More information about Title I and Private School Choice Programs is available in this Title I Shorts Video: Title I and Private School Choice Programs (2:50)

Funding

How do Title I reservations (i.e., Homeless Reservation) impact the Title I private proportional share?

Title I reservations are taken after the Title I private school equitable share has been determined. Title I reservations do not impact the private school share.

ESEA section 1113(c)(3)(A)-(B)

Can an LEA carryover 100% of the private school share to support a larger purchase in a subsequent year? Will this flag an LEA for ESEA equitable participation monitoring?

No. ESEA states, “Funds allocated to an LEA for educational services and other benefits to eligible private school children, their teachers, and their families must be obligated in the fiscal year for which the funds are received by the LEA.” (ESEA section 1117(a)(4)(B), ESEA section 8501(a)(4)(B))

The LEA is responsible for ensuring the obligation of funds requirement is met. When developing a plan for services, the focus must be on addressing the needs of the current year. In cases where a private school is no longer interested in the services originally agreed upon during consultation, the LEA and private school should identify what other services or benefits may meet the identified needs. The private school cannot simply “elect” to carryover funds into the next school year as this does not equate to “active participation” in the current year. If additional plans cannot be made, the LEA should contact the ESEA Ombudsman for resolution.

DPI tracks which LEAs meet this requirement and considers monitoring those LEAs who don’t meet the requirement.

What is Tydings and the Tydings Amount?

Tydings is a term used to describe the authority given to LEAs to obligate ESEA Title funds within a 27-month period, as opposed to a 12-month period common for other grant programs (20 USC 1225).

DPI awards grants aligned to the state’s fiscal year (July 1 - June 30) and any unobligated funds (referred to as carryover) are carried over into the next fiscal year and the first three months of the subsequent fiscal year. For example, Title I, Part A funds awarded to an LEA on July 1, 2024, are available for obligation until September 30, 2026.

Any unobligated funds remaining in the final 3-month period are referred to as the “Tydings Amount,” and if left unobligated funds will lapse (or be “lost to Tydings”). In other words, the LEA will no longer have access to those funds. WISEgrants tracks Tydings Amounts separately for the public and private shares. An LEA can be at-risk of losing funds to Tydings under one or both of a grant’s shares. DPI grant accountants conduct outreach to LEAs at-risk of lapsing funds.

How do private schools pool funds?

The decision to pool foods must be made through consultation between the LEA and private schools and cannot be a unilateral decision of the LEA. There are three options for how ESEA Title funds may be pooled to support equitable services in private schools:

  • School-by-School: Funds remain within a single private school to provide equitable services to eligible children, their teachers, and families.
  • Pooling within an LEA: A group of private schools located within the same LEA agree to pool their funds together to provide equitable services to eligible children, their teachers, and families attending a school that is part of the group. Services are not provided based on which private school generated the funds, but rather, educational needs.
  • Pooling across LEAs*: This specific pooling option is meant to support the Title I requirement that services be based on a student’s residence and not where they attend school. This option allows multiple LEAs to pool the private share generated by their resident students within a single private school to provide equitable services to eligible children, their teachers, and families. This would allow the LEAs to pool their individual shares together to support low-achieving students in the private school with the highest need as long as they reside within a participating Title I attendance area. *This is only applicable for Title I-A equitable services and LEAs must contact their Title I-A grant reviewer for support on how to complete the budget in WISEgrants.

ESEA section 1117(b)(1)(J), ESEA section 8501(c)(1)(H) 

Needs Assessment and Planning for Services

Is there any guidance on how to conduct a needs assessment that can be provided to LEA’s private school partners?

The Equitable Participation Consultation Toolkit provides a great high level overview of the needs assessment process including why and how a needs assessment can be conducted. In general, the LEA and private school(s) should look at any available data — such as formative and summative assessments and teacher observations — to see where the greatest needs are within a school. Then they should discuss how individual student needs will be identified, so services (including professional learning for educators) can be delivered to those who will benefit most. The more in depth the needs assessment the better the LEA and private school can collaboratively plan for and deliver services. For more in-depth information, please review the Needs Assessment Guidebook.

It's important to remember that all resident students should be considered when determining needs for services, not just low-income resident students. Low-income data is used to determine the proportional share of funds but does not determine which resident students receive services.

Private schools often generate a small allocation compared to public schools. How do LEAs maximize services with a smaller allocation?

Having a solid plan for services based on the needs of the students is a foundation to maximizing services with private school shares. Continuous communication between LEAs and their private school partners plays an important role in successfully utilizing private share funds. Both of these aspects allow for services to be provided to students and reduces the amount of funds being carried over or lost to Tydings 

Title I Services Across LEAs

Our LEA does not have private schools in our boundaries, but we do have students that attend a private school located in another LEA. Who is responsible for completing the consultation process?

Typically, the LEA where a private school is located is responsible for the consultation and should contact your LEA, the LEA where the student resides (the Student Resident LEA), so that you may also take part in the consultation process. However, if your LEA knows that you have a student attending a private school in another LEA, you can use the Title I Grant Coordinator Directory to Support Equitable Services Across LEAs in WISEgrants to receive contact information for the LEA where the private school is located and initiate those conversations.

More information about roles and responsibilities can be found on page 1 of the Title I Services for Private School Students Attending a Private School Located in a Different LEA technical assistance document.

Our LEA does not have private schools within our boundaries, but we do have some students that attend a private school located within another LEA. What is the protocol and expectations for communicating with the other LEA regarding student addresses, and needs for services? What is the expectation for this communication?

In most cases, the LEA where the private school is located should receive student address information during the private school consultation, and should then reach out to the student resident LEA to communicate needs. However, if your LEA knows that you have a student attending a private school in another LEA, you can use the Title I Grant Coordinator Directory to Support Equitable Services Across LEAs in WISEgrants to receive contact information for the LEA where the private school is located and initiate those conversations.

Where can an LEA find contact information for the other LEA?

The “Title I Grant Coordinator Directory to Support Equitable Services Across LEAs” report in WISEgrants provides LEAs a list of grant coordinators and contact information for each LEA to support equitable services across LEAs.

To access the report, go to Reports > Title I > Title I Grant Coordinator Directory to Support Equitable Services Across LEAs.

Does DPI have an agreement or contract template for LEAs to use when Title I services are provided by another LEA?

DPI does not have a template for providing services between multiple entities (i.e., LEAs, vendors). If services are to be provided by another LEA (i.e., the LEA Where the Private School is Located), both LEAs need to work with their business office staff before the formal agreement is finalized to ensure the correct procurement procedures are followed. A formal agreement defining services and payment schedule may include:

  • Amount of funding available for services
  • TI eligibility criteria for students (i.e. grade spans served in the Student Resident LEA)
  • How student needs will be assessed
  • The services that will be provided, by whom, and in what manner
  • The frequency of which services will be provided
  • How services will be evaluated
  • The process by which any necessary materials, supplies, and equipment will be purchased (i.e. granting authority to the LEA Where the Private School is Located to make purchases)
  • Required scheduled meetings through the year between both LEAs to check in on services and student progress
  • Invoice and payment schedule (recommended that schedule be on a quarterly basis to help LEA ensure services are being provided in a timely manner)
Developing a Plan for Services and Ensuring Services Are Provided

Can an LEA pay for professional development for a private school that takes place in June?

Yes, as long as the professional development is neutral, secular, and non-ideological. Additionally, the private school must demonstrate how the professional development will be utilized in the upcoming school year and together with the LEA, identify how the professional development will be measured for effectiveness when implemented in the classroom. The LEA must ensure all costs are obligated by June 30 and liquidated by September 30 to be eligible as costs during the funds’ period of availability.

Can private school staff attend professional development hosted by their diocese with ESEA grant funds?

It depends. If the professional development being offered by the diocese is secular, neutral and non-ideological, then yes, ESEA funds could support this opportunity. If some of the professional development is secular, neutral and non-ideological but some parts are not, the district can still support this opportunity with ESEA funds by prorating the cost based on what sections/portions are secular, neutral and non-ideological.

Best practice is to have the private school share the agenda/workshops ahead of the event, share which sectional/workshops the attendees plan to attend, and formulate the reimbursement rate based on which choices are secular, neutral and non-ideological. During the event, attendees can have the presenters for the chosen sectionals sign that they attended the appropriate choices in order to be reimbursed accordingly.

What should an LEA do if the private school is not utilizing their funds even after several reminders and meetings about the funding?

An LEA should refer back to the consultation process to identify whether or not there was an authentic decision or agreement made in regard to a plan for equitable services under the grant in the current year. ESEA requires consultation to be collaborative and meaningful between the LEA and private school; therefore, it is not the sole responsibility of the private school to determine how the funds will be used.

If an equitable services plan was agreed upon, the LEA should use and communicate deadlines to ensure the private school follows through with decisions that were made during the consultation process. The LEA may send a written request to the private school that includes the desired actions and/or information, reinforces the agreed upon decision(s) and plan, and articulates a clear deadline for completing any requested action. Any deadlines should be reasonable and clearly communicated.

Failure to comply with a deadline may be considered the private school’s failure to meet its responsibilities as an active participant under the grant if there is no communication on additional barriers or obstacles affecting the private school’s ability to comply with the request. In cases where private school officials simply fail to comply with participation requirements, the LEA must reach out to the ESEA Ombudsman (essaombudsman@dpi.wi.gov) who will work with DPI, LEA, and private school staff to determine the next steps.

ESEA section 1117(b)(3), ESEA section 8501(c)(3)

Can ESEA grant funds be used to provide stipends for private school teachers that attend professional development outside of their normal contracted hours?

It depends. The LEA would need to ensure that the private school hasn’t already been paid by the private school for this time; if payment has already been received from the private school, this would be an unallowable cost.

If no payment was made by the private school and the LEA provides stipends to their staff attending professional development outside contracted hours, this is an allowable cost. The LEA can only directly pay the private school teacher(s).

Can a private school use their Title I or Title IV funds to hire a retired reading specialist? How would this expense be reimbursed?

ESEA requires the LEA maintain all control of the federal funds. Private schools are prohibited from obligating or receiving federal funds. Additionally, ESEA funds cannot be used to hire and/or retain private school staff to support private school curriculum.

If the intent is for the individual to provide interventions funded by Title I or Title IV, the LEA may hire the person as an employee or the LEA may directly contract with the individual to provide services to the private school students identified as at-risk or most at-risk of failing to meet academic standards. If a contract is procured, the individual would not be an employee of the private school but rather a contractor for the LEA. The LEA would be responsible for directly paying the individual.

ESEA section 1117(d)(1-2), ESEA section 8501(d)(2)

How does the LEA reimburse private schools for private school teachers that provide after school instructional services to private school students?

This is not allowed. The LEA is responsible for adhering to the public control of funds provision in ESEA and therefore, the LEA cannot pay the private school directly nor pay invoices submitted by the private school.

If a private school teacher is appropriately licensed to provide direct instructional services or is providing tutoring after school to private school students, the LEA must follow their procurement procedures for hiring contractors or hire the teacher as an employee of the LEA. The district must hire the private school teacher as a contractor for services and pay that individual directly.

ESEA section 8501(d)(1)

General Questions

Are private schools required to attend ESEA equitable participation webinars hosted by DPI?

No. DPI cannot require private schools to participate in any professional development or technical assistance opportunities. However, they are welcome to attend if they choose to do so.

DPI encourages LEAs to extend invitations to their private school partners when opportunities arise. LEAs are also encouraged to share all equitable participation resources available on the DPI’s website.

How do I find the proper WUFAR coding for private school services?

The “Search by Combination” function in the WISEgrants budget system allows users to enter in key words and identify appropriate WUFAR combinations. This can be a helpful tool when trying to find or determine the correct WUFAR to select.

LEAs can also review the WUFAR webpage for more information and/or submit a WISEgrants Help Ticket to request a new WUFAR or reach out to their DPI application reviewer for determining the correct WUFAR combination.

If an LEA is selected for Equitable Participation Universal Monitoring, are there any requirements other than attending a webinar that are required to complete the monitoring process?

No. The hope with the universal monitoring process is to provide LEAs with the resources and tools to implement equitable participation requirements written in law. The intention is to help with the process moving forward.

For questions about this information, contact the Wisconsin’s Private School Ombudsman or Title I and School Support Team.