21st Century Community Learning Centers and

The Equitable Participation of Private School Students

21st Century Community Learning Centers Program

Summer InstituteNew Orleans, LA

July 30, 2012

21st Century Community Learning Centers (21st CCLC)

Are private school students eligible to participate in 21st CCLC activities carried out in public schools? 

Yes. Students, teachers, and other educational personnel are eligible to participate in 21st CCLC programs on an equitable basis. A local educational agency or other public or private organization that is awarded a grant must provide equitable services to private school students and their families. In designing a program that meets this requirement, grantees must provide comparable opportunities for the participation of both public- and private-school students in the area served by the grant..

Grantees must consult with private school officials during the design and development of the 21st CCLC program on issues such as how the children's needs will be identified and what services will be offered.

Key Points[Reference: Section 9501 of the ESEA.]

1. The law provides for equitable participation of private school students and teachers.

2. Consultation must be timely and meaningful.3. Expenditures must be equal on a per-pupil basis.4. Equitable services are to address the needs of private

school students and teachers.5. The local educational agency (LEA)* remains in control

of funds.6. Services must be secular, neutral and non-ideological. *Or other entity receiving federal financial assistance

Key Point #1Equitable Participation

[Reference: Section 9501 of the ESEA.]

The Elementary and Secondary Education Act (ESEA) provides for the equitable participation of private school students, teachers and other educational personnel in some of its major programs, including Title IV, Part B – 21st Century Community Learning Centers.

Key Point #2 Consultation

[Reference: Section 9501(c)) of the ESEA.]

Timely and meaningful consultation is required during thedesign and development of the programs on such issues as:

• How the children’s needs will be identified;• What services will be offered;• How and where the services will be provided;• How the services will be assessed and how the results

of the assessment will be used to improve those services;• Service delivery mechanisms used to provide equitable

services;• Who will provide the services;

(continued)

Consultation (continued) [Reference: Section 9501(c)) of the ESEA.]

•The amount of funds available to serve private school students;

•The size and scope of the services to be provided;

•How and when the agency will make decisions about the delivery of services;

(continued)

Consultation (continued)

[Reference: Section 9501(c)) of the ESEA.]

• Consideration of the views of the private school officials re: use of third-party providers;

• Where the LEA disagrees with the views of the private school officials on the provision of services through a contract, the LEA must provide a written explanation of the reasons why the local educational agency has chosen not to use a contractor;

(continued)

Consultation (continued)

[Reference: Section 9501(c)) of the ESEA.]

• Consultation must continue throughout the implementation and assessment of services; and

• Such consultation shall occur before the local educational agency makes any decision that affects the opportunities of eligible private school children, teachers, and other educational personnel to participate.

Key Point #3Equal Expenditures

[Reference: Section 9501(a)(4) of the ESEA.]

Expenditures…shall be equal, taking into account the number and educational needs of the children to be served, to the expenditures for participating public school children.

Key Point #4Equitable Services

[Reference: 34 CFR 299.7]

The LEA:• Assesses, addresses and evaluates the needs of

private school students and teachers;• Provides benefits and services that meet the needs of

private school students and teachers; • Spends an equal amount of funds per student to

provide services; and• Provides private school students and teachers with an

opportunity to participate in activities equivalent to the opportunity provided public school students and teachers.

(continued)

Key Point #4Equitable Services (continued)

An offer of services by an LEA without an opportunity for timely and meaningful consultation with private school officials does not meet the requirement of the law. Only after discussing key consultation issues relating to the program and provision of services does an LEA make its final decisions with respect to the services it will provide to private school students.

EligibilityPrivate School

Students• A private school student's eligibility to participate in the

21st CCLC program is not based on the private school student's low-income status or participation in Title I. Rather, students who attend private schools located in the area served by the grant are eligible to participate. 

• Where funding and resources may limit the number of children who can participate in the program, LEAs must consult with private school officials on this matter. While low-income status of private school students may be taken into consideration, the eligibility requirements may not intentionally preclude or limit the equitable participation of private school students.

Key Point #5LEA’s Responsibility[Reference: Section 9501(d) of the ESEA.]

LEA remains in control of the federal funds and maintains title to materials, equipment and property purchased with such funds.

Key Point #6Secular Services

[Reference: Section 9501(a)(2) of the ESEA.]

Services and benefits, including materials and equipment, must be secular, neutral and nonideological.

Additional Resources

Guidance Title IX, Part E, Uniform Provisions, Subpart 1—Private Schools: Equitable Services for Eligible Private School Students, Teachers, and Other Educational Personnel, Non-Regulatory Guidance

The Office of Non-Public Education (ONPE)

ONPE is the liaison office to the nonpublic school community and is charged with maximizing the participation of private school students and teachers in federal education programs.

Contact ONPE at 202-401-1365 or ONPE@ed.gov.