Attention Federal Program Coordinators & SPED Supervisors
ESSA
The Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA), requires a participating Local Educational Agency (LEA) to provide eligible children attending private elementary and secondary schools, their teachers, and their families with services or other benefits that are equitable. Under ESEA Section 1117, a written Affirmation of Consultation is required. The Affirmation serves a dual purpose in the following ways: 1) as documentation of participating and non-participating schools, and 2) it assures the State Education Agency (SEA) that the Local Education Agency (LEA) has contacted the private schools in their attendance area and proves meaningful, timely consultation has taken place. All districts must upload a copy of the Affirmation of Consultation form into Indistar in the 2024-2025 Form Uploads Folder by May 1, 2024.
Each LEA shall maintain in their records an Affirmation of Consultation form signed and dated by the private schools and public-school officials that verifies that the required consultation has occurred. If the private school officials and the LEA have not completed or finalized their consultation process by the above date, the district must retain documentation in their onsite files to show at least three (3) good faith attempts were made to contact the private school officials.
IDEA
The Individuals with Disabilities Act (IDEA) requires LEAs to provide equitable services to children who are parentally placed in private schools within the LEA’s attendance zone. The LEA must have ongoing consultation with private schools (including homeschools) and obtain a written affirmation signed by the representatives of participating private schools. The IDEA requirements are included in the Affirmation of Consultation form, and must be submitted as previously noted for each Public School District (excluding charter schools) by May 1, 2024.
Resources:
- SY 24-25 ESSA & IDEA Affirmation of Consultation with Private Schools Form. A form needs to be uploaded for each private school in an LEA’s attendance zone, as well as any other private schools that the LEA believes have students that reside in the LEA’s attendance zone but attend those schools. All districts must upload a copy of the Affirmation of Consultation form into Indistar in the 2024-2025 Form Uploads Folder by May 1, 2024.
- ESSA Equitable Services FAQs. This document includes frequently asked questions by LEAs and private school officials about equitable services that can help guide both through the consultation process throughout the year.
- ADE List of Known Arkansas Private Schools by County. LEAs may use this list to help determine which schools they need to contact. If an LEA knows of any private school in their attendance zone that is not on the list, please contact the Equitable Services Federal Programs Elizabeth Gomez at Elizabeth.gomez@ade.arkansas.gov; 501-682-5295 or IDEA Yvonne Greene at Yvonne.greene@ade.arkansas.gov; 501-682-4221 or Josh Hart at Josh.hart@ade.arkansas.gov; 501-682-4223. This list will be updated annually.
USED Non-Regulatory Guidance:
ESSA Equitable Services Non-Regulatory Guidance:
Title I Equitable Services Non-Regulatory Guidance
Title VIII Equitable Services Non-Regulatory Guidance
IDEA Non-Regulatory Guidance:
OSEP Questions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools
For more information on Equitable Services or to address concerns or complaints, please contact:
- Federal Programs Elizabeth Gomez at Elizabeth.gomez@ade.arkansas.gov or 501-682-5295
- IDEA Yvonne Greene at Yvonne.greene@ade.arkansas.gov; 501-682-4221 or Josh Hart at Josh.hart@ade.arkansas.gov; 501-682-4223.