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ESEA Equitable Services
Purpose of Equitable Services through Title I Part A
Since 1965, the Elementary and Secondary Education Act (ESEA) as amended by the Every Student Succeeds Act (ESSA) requires local educational agencies (LEAs) and other eligible entities to provide for the equitable participation of private school students, staff and families of students enrolled in nonprofit private schools.
What are Equitable Services and who is eligible?
Under section 1117 of the ESEA:
- School districts are required to provide services for eligible private school students, teachers and their families that are equitable to those of eligible public-school students.
- A private school student generates Title I funds if he/she resides within an attendance area of a participating Title I public school and meets the established low-income criteria.
- A private school student who can participate in Title I services resides within an attendance area of a participating Title I public school and is failing or at risk of failing state student academic achievement standards. Low-income status alone is not a basis for participation in the Title I program.
- The SEA Ombudsman’s job is to help ensure equity for the private school students, and to monitor and enforce the equity requirement.
Ombudsman – Requirement: The Ombudsman
To help ensure equitable services and other benefits for eligible private school children, teachers and other educational personnel, and families, an SEA must designate an Ombudsman to monitor and enforce the equitable services requirements under Title I and Title VIII of the ESEA (ESEA sections 1117(a)(3)(B) and 8501(a)(3)(B)).
The NM PED State Ombudsman provides technical assistance to LEAs and private school officials regarding equitable services requirements, meaningful consultation, and the complaint process.
Questions? If your LEA or private school has questions about equitable services requirements, the consultation process, or the Ombudsman role, please contact Daniela Romero, NM PED State Ombudsman for technical assistance and support.
Complaint/Appeal Process
Private school officials have the right to file a complaint with NM PED if they believe:
- Consultation was not timely or meaningful;
- Their views were not given due consideration;
- The LEA’s decisions regarding equitable services were inequitable; or for Title I, the method used to determine the number of children from low-income families residing in participating public school attendance areas who attend private school is in dispute.
To file a complaint or request additional information about the complaint process, please contact Daniela Romero, NM PED State Ombudsman.
NM PED Equitable Services Ombudsman Contact:
Daniela Romero
Manager, SSFS Bureau/Equitable Services Ombudsman
Email:
Daniela.Romero@ped.nm.gov
Phone:
(505) 372-8385