LEA Four-Step Process
The LEA four-step process ensures compliance with federal law regarding Title III, Part A in providing equitable services to eligible ELs in PNP schools.
Step 1: Annual Contact and Consultation
The annual contact begins the consultation process between the LEA and PNP schools located within its attendance boundary. Adequate notice is critical in ensuring a meaningful consultation and the likelihood that those involved will be well prepared with the necessary information and data for decision-making.
LEAs receiving Title III, Part A funds are required by law to provide this annual consultation to PNP schools (even if they have declined services in the past) to explain the availability of Title III, Part A services for eligible ELs.
View sample form LEA Consultation with PNP School Officials
What is a meaningful consultation?
As mentioned earlier, the annual contact begins the consultation process between the LEA and the PNP school. Find out what constitutes a meaningful consultation.
Timely and Meaningful Consultation
This series of activities demonstrates how a meaningful consultation develops.
- LEA must annually contact PNP schools regarding available Title III, Part A services (even if the PNP school has declined services in the past).
- Initial contact should occur before the LEA submits its application for federal funding. If a PNP school notifies the LEA of its intent to participate in Title III services, the LEA should then begin the consultation process with the PNP school's representatives.
- Consultation may occur in person, online, through email communication, or through documented phone calls.
- Consultation should occur before the LEA makes any decisions that affect the opportunities of the eligible PNP school's students, teachers, and other educational personnel to participate in services.
- As part of the consultation process, the LEA must maintain documentation demonstrating that the consultation occurred prior to the LEA making any decisions.
- Consultation should include a discussion of service delivery mechanisms that the LEA could use to provide equitable services.
- Consultation should continue throughout the implementation and assessment of activities.
View Title VIII, Part F—Uniform Provisions
Required Consultation Topics
Title VIII, Part F, Section 8501 (c)(1) indicates that the LEA shall consult with appropriate PNP school officials during the design and development of Title III, Part A services. It also indicates the topics that must be discussed during that consultation. This section of the law is highlighted below.
Title VIII, Part F, Section 8501(c)(1)
Identification
(A) how the children's needs will be identified
Note: Criteria for reclassification of students from EL status must also be discussed.
Services
(B) what services will be offered
Providing Services
(C) how, where, and by whom the services will be provided
Assessment of Services
(D) how the services will be assessed and how the results of the assessment will be used to improve those services
Funding for Services
(E) the size and scope of the equitable services to be provided to the eligible private school children, teachers, and other educational personnel, the amount of funds available for those services, and how the amount is determined
Delivery of Services
(F) how and when the LEA will make decisions about the delivery of services, including a thorough consideration and analysis of the views of the private school officials on the provision of contract services through potential third-party providers
(G) whether the agency, consortium, or entity shall provide services directly or through a separate agency, consortium, or entity, or through a third–party contractor
(H) whether to provide equitable services to eligible private school children
View sample form LEA Checklist of Consultation Topics
Timeline of Procedures
While there is no required timeline for meeting Title III, Part A compliance requirements for equitable services, the following sample schedule is offered to assist in planning.
- LEA notifies PNP schools annually of available programs
- PNP schools declare their intent to participate in Title III, Part A programs (at meeting, by phone, by email, etc.)
- LEA and PNP schools participate in formal consultation to plan services
- LEA completes program evaluations for PNP schools participating in previous year's program
- LEA completes equitable services worksheets to determine amount of funding available
- LEA assesses to determine eligible students, prioritizes needs, and determines who will receive services
- LEA and PNP schools refine proposed services; services begin
- LEA implements program
- LEA and PNP schools continue ongoing consultation regarding program services
- LEA monitors program activities for compliance, impact, labeling, and use of materials
- LEA completes an inventory of Title III, Part A materials purchased for PNP schools
Annual Contact—LEAs are required to annually contact PNPs within their boundaries to make them aware of the availability of federal program services and to determine their interest in participating in any of the federal program services covered under ESSA's Title VIII, Part F—Uniform Provisions.
Consultation—Communication and discussions between LEAs and PNP-school officials regarding key issues that are relevant to the equitable participation of eligible PNP-school students, teachers, and other educational personnel in available ESSA programs.
Eligible PNP-School Student—In relation to Title III, Part A, a student who meets the eligibility criteria established during the consultation process to be identified as an EL in need of services.
Equitable Participation—Assesses, addresses, and evaluates needs of the LEA and PNP school on a comparable basis; provides approximately the same amount of services to students and staff at both LEA and PNP school; spends an equal amount of funds for students and staff at LEA and PNP school; provides both groups of students and staff equal opportunities to participate in program activities.
Inventory—A list of materials and equipment purchased for PNP schools with Title III, Part A funds.
The Right of PNP-School Officials
PNP schools and LEAs are encouraged to work together to try to resolve disagreements that affect the services provided. When both parties are not able to resolve a disagreement through direct communication, PNP-school officials have the right to file a complaint. The complaint must be in writing, should address violations, and fully explain the reasons for the disagreement.
For more information to the compliant process visit TEAs website at https://tea.texas.gov/Finance_and_Grants/Grants/Administering_a_Grant/ESSA_Private_School_Equitable_Services/
Title VIII, Part F, Section 8501(c)(2)
Title VIII, Part F, Section 8501(c)(2) of the ESSA indicates that “If the agency, consortium, or entity disagrees with the views of the private school officials on the provision of services through a contract, the agency, consortium, or entity shall provide to the private school officials a written explanation of the reasons why the local educational agency has chosen not to use a contractor.”
Step 2: Determine Eligibility
The LEA is responsible for determining eligibility of the PNP school's ELs. During the consultation, the LEA and PNP school must establish eligibility criteria. The state's policy for identification can be used if agreed upon by LEA and PNP-school representatives during the consultation.
If selecting participants from a pool of ELs, the LEA and PNP-school officials may prioritize services based on language proficiency and academic need. However, procedures should not constitute an administrative barrier that is inconsistent with the responsibility to ensure equitable participation of a PNP-school's eligible students, teachers, and other educational personnel.
Identification Process
Home Language Surveys
A Home Language Survey (HLS) may be used to determine which students to assess. However, the LEA cannot require a PNP school to follow the state identification process as a condition for providing Title III, Part A services.
Assessments
Assessments may be used to identify the PNP school's eligible ELs and to improve the program's services. For example, an oral language proficiency assessment may be used to identify the PNP school's ELs.
If an oral language proficiency assessment will be used, Title III, Part A funds may be used to pay for the initial assessment (materials, staff to administer assessments, etc.) as long as this does not supplant other funds. However, the LEA cannot require a PNP school to administer this assessment as a condition for providing equitable Title III, Part A services.
For a list of approved tests, visit TEA's Bilingual and English as a Second Language Education Programs.
Determining Eligible Students
Federal statute provides definitions to the terms limited English proficient and immigrant children. When referencing statute, the term "limited English proficient (LEP)" is used in this course. At times, the terms EL and LEP are used interchangeably. English learners (ELs) are students whose primary language is not English and who are in the process of acquiring the English language.
Important Note: If an LEA receives a Title III Immigrant subgrant, immigrant children at PNP schools are eligible to be served.
Title VIII–General Provisions Part A, Section 8101 (20)
“English Learner” Eligibility
ELs are students whose primary language is not English and who are in the process of acquiring the English language.
The term "English learner", when used with respect to an individual, means an individual—
(A) who is aged 3 through 21;
(B) who is enrolled or preparing to enroll in an elementary school or secondary school;
(C)(i) who was not born in the United States or whose native language is a language other than English;
- (ii) (I) who is a Native American or Alaska Native, or a native resident of the outlying areas; and (II) who comes from an environment where a language other than English has had a significant impact on the individual’s level of English language proficiency; or
- (II) who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or
- (iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and
(D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual—
- (i) the ability to meet the challenging State academic standards;
- (ii) the ability to successfully achieve in classrooms where the language of instruction is English; or
- (iii) the opportunity to participate fully in society.
Federal Public Law 114-95, Every Student Succeeds Act of 2015
Title III, Part B-General Provision, Section 3201(5)
“Immigrant” Eligibility
Students are identified by the LEA as "Immigrant" based on the definition found in the law. The term "immigrant" means individuals who—
(A) are aged 3 through 21;
(B) were not born in any State*. Note: Children born to United States citizens abroad (e.g., children born on a military base overseas) can be considered immigrants for purposes of Title III, Part A if they meet all the criteria in the definition of immigrant. *For purposes of Title III, the definition of "State" includes each of the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico.
(C) have not been attending one or more schools in any one or more States for more than 3 full academic years.
Reviewing Eligibility
The LEA is also responsible for reviewing PNP-school EL data and ensuring program success. This may be done by comparing the results of the initial and annual English oral language proficiency assessments to determine student progress and to identify whether the need for services still exists.
If students meet the exit criteria established during consultation, they may be exited based on best practice that measures student achievement and language proficiency. However, the state exit criteria do not have to be followed.
The Texas English Language Proficiency Assessment System (TELPAS) is not required for PNP schools. Therefore, PNP-school students are not included in the Annual Measurable Objective's (AMO) determinations.
Annual Measurable Objectives—State-set targets that all Title III subgrantees must meet and that are used to determine the effectiveness of an LEA's English language instruction educational program(s) and use of Title III, Part A funds.
Exit Criteria—Criteria determined during the consultation process by which ELs are determined to have attained English language proficiency and are no longer in need of program services.
Home Language Survey (HLS)—Upon enrolling in a school, parents and guardians are required to complete a Home Language Survey, which asks questions related to the language spoken in the home and the child’s ability to communicate in English.
Texas English Proficiency Assessment System (TELPAS)—Assesses the English language proficiency of K–12 English learners in four domains—listening, speaking, reading, and writing.
Step 3: Determine and Provide Services/Materials
The services that the LEA will provide should be discussed during consultation. Services should be designed to meet the educational needs of the PNP school's ELs, teachers of ELs, and other educational personnel.
The program design for the PNP school does not need to be the same as the LEA’s program design. The LEA must assess the needs of the PNP-school students and teachers in designing a program that meets those needs. If their needs are different from those of public-school children and teachers, then a different program must be developed that is appropriate for their needs.
Services for Students
A sample of services the LEA can provide are listed below. The LEA is also required to provide special educational services or other benefits that address the needs of eligible students, teachers, and other educational personnel.
- Instructional services during the day
- Tutoring
- Extended-day services
- Computer-assisted instruction
- Summer school programs
Title VIII, Part F, Section 8501(a)(1)
Important Note: This provision does not apply to charter schools.
Title VIII, Part F, Section 8501(a)(1) of Every Student Succeeds Act (ESSA) requires LEAs to,
“. . . after timely and meaningful consultation with appropriate private-school officials, provide to those children and their teachers or other educational personnel, on an equitable basis, special educational services or other benefits that address their needs under the program.”
Services for Teachers
Professional development under Title III, Part A is for teachers of ELs. The training must be designed to help teachers of ELs and must address student needs.
Professional development should be addressed during the consultation. Discussion about the implementation of services, types of professional development, and assessment of services should support the teachers' ability to best serve ELs.
View sample form PNP School Sample Worksheet for Professional Development
Important Note: Teachers employed by the LEA must meet the fluency requirements in English and any other language used for instruction, including having written and oral communication skills.
Services for Parents
Families of the ELs may also be served through activities such as family literacy services and parent outreach/training activities.
These services should be designed to help parents improve their English language skills, academic achievement of their children, and to become active participants in the education of their children. LEAs must keep in mind that services provided to families must be supplemental to other state and federal requirements.
What constitutes equitable services?
Federal law indicates what constitutes equitable services. See the interactive image below.
Materials and Equipment
LEAs must follow certain procedures regarding the equipment and materials used in the program. The materials must be secular, neutral, and nonideological. They must also be reasonable and necessary to carry out services.
- It is the LEA's responsibility to order and pay for any materials or equipment then lend them to the PNP school for use in the program.
- The LEA must have a written procedure in place for the purchase and provision of materials and equipment and retain this documentation for compliance purposes.
- The LEA must ensure that equipment and supplies are used only for the purposes of the program.
- All materials and equipment must be labeled with the name of the program and the LEA.
- All materials and equipment must be inventoried annually by an LEA staff member.
- The LEA must remove the materials and equipment from the PNP school if:
- they are no longer needed for the program, or
- the PNP school is no longer a participant of Title III services.
Necessary—Costs that are essential to accomplish the objectives of the grant project.
Non-ideological—Unaffiliated with or unrelated to any particular ideology; not promoting a particular practice or belief.
Neutral—Not supporting either side of a conflict or disagreement; impartial.
Reasonable—Costs that are consistent with prudent business practice and comparable to current market value.
Secular—Having no religious basis; unrelated to religion.
Step 4: Evaluate Services
The LEA is responsible for evaluating Title III, Part A services for PNP schools. The extent of the assessment of services will depend on the size and scope of services provided. Evaluation is a part of the consultation discussion and may include, but is not limited to, services, activities/consultation, and materials/equipment.
Evaluation—Systematic assessment of the processes and outcomes of a program with the intent of furthering its development and improvement.
