Districts, Schools and Educators

Critical Elements for English Learner Program Compliance

Critical Element 7: Nonpublic School Participation in the Language Instruction Educational Program (LIEP)

The local educational agency (LEA) must allow for nonpublic school participation in the language instruction educational program.

7.1 The LEA provides timely and meaningful consultation annually with nonpublic schools in areas served by the LEA to determine effective and equitable services for English learners (ELs) at nonpublics. Consultation includes:

  1. Whether the nonpublic wishes to have its eligible ELs, their teachers, and other educational staff receive Title III services;
  2. Processes and data sources used to identify students as ELs;
  3. How needs of eligible ELs, their teachers and other educational personnel will be identified;
  4. What services will be offered to meet the language development needs of ELs as well as professional development needs of their teachers and other educational personnel;
  5. The size and scope of the services to be provided to the nonpublic school children and educational personnel;
  6. Whether services will include initial identification of ELs and assessment of their language proficiency, as well as the determination of whether students should exit EL services;
  7. How, where, and by whom the Title III services will be provided;
  8. How and when the [LEA] will make decisions about the delivery of services, including a thorough consideration of the views of the nonpublic school officials on the provision of contract services through potential third-party providers;
  9. How the services will be assessed and how the results of the assessment will be used to improve those services;
  10. The equitable amount of funding available to provide Title III services to serve similar public and nonpublic school students and educational personnel, and how the nonpublic equitable share was determined; and
  11. Documentation of the consultation discussion, and a signed Affirmation of Consultation in compliance with § 8501(c)(5).

Public Law 114-328, Every Student Succeeds Act of 2015, section 8501

Minnesota Statutes, section 124D.65(6) Education for English Learners Act

34 Code of Federal Regulations (CFR) Part 76, sections 76.650-76.662

7.2 The LEA ensures use of Title III funds is in alignment with the following:

  1. The control of funds used to provide services and the title to materials, equipment and property purchased with those funds, shall be in [the LEA] for the uses and purposes provided in this Act, and [the LEA] shall administer the funds and property;
  2. Services shall be provided by employees of [the LEA] or through contract by the [LEA] with an individual, association, government agency, organization, consortium, pooling of funds or other entity;
  3. Providers of services to nonpublic school children and educational personnel shall be independent of the private school and of any religious organization, and the employment or contract shall be under the control and supervision of the [LEA].

Public Law 114-328, Every Student Succeeds Act of 2015, section 8501(d)

Sample Evidence to support Critical Element 7:

  • A description of the consultation process
  • Timeline of district-initiated consultation with nonpublic schools
  • Copies of meeting agendas
  • Letter of Intent to Participate, if applicable
  • Evidence of English language proficiency (ELP) standards implementation
  • Affirmation of Consultation With Nonpublic School Officials Including Student Selection Criteria
  • Evidence of process for providing technical assistance to nonpublic schools on how to:
  • Identify English learners
  • Determine Size and scope of services
  • Administer English language proficiency assessments and statewide assessments with accommodations
  • Written agreements with nonpublic schools regarding equitable service to eligible students
  • Evidence of assessment of nonpublic students and evaluation of effectiveness of services
  • Documentation of how nonpublic students are identified
  • Documentation of how teachers’ needs were identified
  • Program description
  • Schedules of nonpublic students
  • Budget reflecting previous year’s actuals on Title III spending
  • Receipts

Updated 3-26-2018