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 2025-2026 Form Uploads Folder by May 1, 2025.
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, 2025.
Resources:
- SY 25-26 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 2025-2026 Form Uploads Folder by May 1, 2025.
- ADE Equitable Services FAQs SY 25-26. 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 Equitable Services Federal Programs Alisha Ross at Alisha.Ross@ade.arkansas.gov;
501-683-1243 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: Alisha Ross at Alisha.Ross@ade.arkansas.gov
or 501-683-1243
- IDEA: Yvonne Greene
at Yvonne.greene@ade.arkansas.gov; 501-682-4221 or Josh Hart at
Josh.hart@ade.arkansas.gov; 501-682-4223.
Attachments