Nonpublic Participation

Checklist for Contracting Third-Party Nonpublic Providers

A district may provide Title I services through a third-party contractor as long as those entities are independent of the nonpublic school. The services may be provided in the nonpublic school under the same conditions and subject to the same limitations as if the district provided the services. At a minimum, the contract with a third-party provider of Title I services to nonpublic school students should:

 State beginning and ending dates of service.
 Require the provider to break out administrative and instructional costs on its invoices. Include definitions of each:
- Instructional costs: Teacher and paraprofessional salaries (including benefits) materials and supplies; books; and computers.
- Administrative costs: Cost to the contractor of administering the program, including the director’s salary; support staff salaries ; classroom or office rent and utilities; office equipment and supplies; postage; travel; and professional development for the Title I teachers and their supervisors.
 State all the services that will be provided and the specific cost for each service. Include student services, professional development to the nonpublic school teachers of the Title I students, or the delivery of parent involvement activities. The content of those services should be detailed, and costs should be invoiced separately.
 Specify how and when invoices should be submitted and what information they should contain. Reserve the right to request additional information in case of an audit or monitoring review.
 Describe the instruction to be provided. Specify the grades served the subjects that will be covered, the frequency of instruction, maximum class size, and the number of children the provider will serve.
 Specify the qualifications of the teachers and paraprofessionals who will deliver instruction. Include any expectations regarding the training school staff will receive from the contractor.
 State that the instruction, and materials and supplies must be secular, neutral and non-ideological.
 State whether the contractor is responsible for evaluating the effectiveness of the Title I program. If so, the contract should specify the standards and assessments that will be used in the evaluation, as determined after consultation with the nonpublic school.
 State that all equipment purchased with Title I funds are the property of the district, not the contractor.
 State that the contractor will comply with all Title I statutory requirements and regulations.
 State that the district reserves the right to withhold payment if any requirement is not met.
 State that the contract may be modified if there is a reauthorization of the Elementary and Secondary Education Act (ESEA).
 State the date by which the district will inform the contractor of the amount of funds available for instruction and, if applicable, professional development and parent involvement. Make clear to the contractor that the amount of the Title I allocation for nonpublic school services fluctuates from year to year.
 State how, and how often, the district is going to monitor the nonpublic school program. State that visits by district officials may be unannounced.

Third-Party contract for services to nonpublic school students, staff and families should not:

 Abdicate the district’s obligation to engage the formal face-to-face discussions (consultation) with nonpublic school officials on topics such as: how the district will identify nonpublic school students’ academic needs; what services will be offered; how, where, and by whom the services will be provided; how the district will determine the number of nonpublic school children from low-income families who reside in eligible Title I attendance areas; how the program will be evaluated; and how allocated funds for parent involvement and professional development services will be used.
 Grant any authority to nonpublic school officials to supervise Title I staff, approve expenditures, or make instructional decisions.
 Provide for “team-teaching” with nonpublic school teachers.

Reference Source:

No Child Left Behind Compliance Insider, Volume 6, Issue 12.