Title III Services for Nonpublic School Students
Title III allocates services for English language learners (ELLs) and immigrant students enrolled in nonpublic schools., These services are based on the number of ELLs that have been identified for and are receiving English as a second language instruction under the Chapter 192 program (N.J.S.A. 18A:46-19.1 et seq. (Chapter 192 Laws of 1977). This number is reported by nonpublic schools in the Nonpublic School Enrollment Data Collection and is later verified by the school district. For more information on the Chapter 192 program, visit the following link:
Public schools must ensure that Title III funds expended for nonpublic school services are expended for purposes of and in accordance with the federal regulations. The following is a summary of the statutory and regulatory requirements: http://www2.ed.gov/about/offices/list/oii/nonpublic/title3-factsheet.html
In using Title III funds, the following apply:
Private School Participation in Title III Programs
ESSA Title IX Uniform Provisions of the ESEA (see Sections 9501-9504 of the ESEA). (Also see Education Department General Administrative Regulations (EDGAR) at 34 Code of Federal Regulations (CFR) §§ 76.650 through 76.677 and General Provisions for ESEA programs at 34 CFR Part 299); and the Title IX Uniform Provisions Equitable Services Guidance. For additional resources and guidance on the equitable participation of private school students, their teachers, and other educational personnel in other programs, visit the Department's website.
Statutory and Regulatory Requirements
Funds used to provide services to private school children and educational personnel must not be commingled with nonfederal funds.
Frequently Asked Questions
What is meant by "equitable" participation by public and private school students and educational personnel in a Title III program?
Participation is considered to be equitable if the LEA (1) assesses, addresses and evaluates the needs and progress of public and private school students and educational personnel on a comparable basis; (2) provides, in the aggregate, approximately the same amount of services to students and educational personnel with similar needs; (3) spends an equal amount of funds to serve similar public and private school students and educational personnel; and (4) provides both groups of students and educational personnel equal opportunities to participate in program activities.
Must an LEA's Title III program design be the same for both public and private school students and educational personnel?
No. Consultation and coordination between LEA and private school officials are essential to ensure a high-quality program that meets the needs of the students being served and assists those students in attaining English proficiency and meeting the same challenging state academic content and student academic achievement standards as all children are expected to meet. The LEA must assess the needs of private school students and educational personnel in designing a program that meets their needs. If their needs are different from those of public school students and educational personnel, the LEA, in consultation with private school officials, must develop a separate program design that is appropriate for their needs.
What recourse is available if an LEA will not use its Title III funds to provide equitable services to private school children and educational personnel?
Complaints about an LEA's failure to provide equitable services to private school children and educational personnel must first be submitted to the state education agency for resolution. The state's resolution or failure to make a resolution may be appealed to the U.S. Department of Education.
Does the Title III requirement on language qualifications for teachers providing Title III services to public school students apply to teachers providing these services to private school students?
Yes. Like teachers serving public school ELLs, teachers providing Title III services to private school students, whether LEA employees or third-party contract employees, are subject to the requirement that teachers in a Title III program must be fluent in English and any other language used for instruction.