In & Out of Committee Equitable Services in ESSA


The implementation of the 2015 Every Student Succeeds Act (ESSA) is now well under way with guidance and regulations having moved ahead. ESSA reauthorizes and updates the 1965 Elementary and Secondary Education Act (ESEA). States have a choice of due dates to submit their ESSA state plans to the Department of Education: April 3, 2017, or September 18, 2017.


Christian schools may choose to participate in equitable services under ESSA. These are services which local education agencies (LEAs) may provide to qualifying students and teachers in Christian schools. Now that regulations have largely (though not entirely) been established, schools may want to reevaluate the opportunity to participate under the newly revised law. ESSA does give nonpublic schools better options and has made several improvements.


In the meantime, in accordance with a January 20 executive order by the president, the Department of Education delayed the effective date of regulations related to state plans and accountability until March 21. In early March, Congress moved to disapprove those regulations altogether. While those actions will influence what states must include in their state plans, the April or September deadlines remain the same and the equitable services processes will continue to advance.


The Department of Education’s Office of Non-Public Education (ONPE) has a comprehensive webpage with links to explain ESSA, its equitable services provisions, and the regulations governing them at https:// innovation.ed.gov/what-we-do/non-public-education/ essa. Among the more useful tools for Christian schools is a comprehensive PowerPoint summary of equitable services from an ONPE January 2017 webinar, available at https://innovation.ed.gov/files/2017/03/ESSA- Equitable-Services-Webinar-Slides.ppt.


LEAs must engage in consultation with nonpublic schools to determine what equitable services are needed and how to provide them. The goal of consultation is for private schools and the LEA to come to agreement on how to provide equitable services to eligible children. This was not required in the past. Further, ESSA now requires that state education agencies (SEAs) designate an ombudsman to monitor and enforce equitable services. Thus, there is a point of contact specifically designated to assist in cases of difficulty. Christian schools that choose to participate in equitable services will want to be part of the consultation process and find out who their state’s ombudsman is.


Some highlights of the new requirements under ESSA include:


• An ombudsman must be appointed by an SEA to monitor and enforce equitable services requirements.


• Funds allocated to an LEA for equitable services must be used in the fiscal year received.


• The SEA must provide timely notice of availability of funds for equitable services.


• Private schools will have the opportunity to pursue equitable services through the SEA if the LEA fails to meet its responsibilities.


• The LEA must now base Title I equitable services funding on the total amount of Title I funds before any allowable expenditures or transfers of funds.


• ESSA has expanded the list of topics which must be addressed in consultation.


• Written affirmation of consultation must now also have a way for private school officials to indicate their belief that timely and meaningful consultation did not occur or that the services to be provided are not equitable.


The ONPE Webinar PowerPoint covers many more details. It also includes a list of additional resources. In addition, the Department of Education has prepared a Comparison Chart of the changes in ESSA versus its predecessor, available at https://innovation.ed.gov/ files/2016/07/NCLB-ESSA-Equitable-Services- Comparison-Chart-FINAL.pdf.


The Council for American Private Education (CAPE) offers an excellent resource called Private Schools and the Every Student Succeeds Act (http://capenet.org/pdf/ ESSACAPE.pdf). It offers the “big picture” that Christian schools can use as a starting point in discerning the improvements in ESSA’s equitable services standards. From that point, Christian school leaders can investigate further using ONPE and other resources. This will help them in deciding how and whether to participate in equitable services.


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© 2016 by the Association of Christian Schools International


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