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 ESEA equitable services requirements under both Title I and Title VIII. (ESEA sections 1117(a)(3)(B) and 8501(a)(3)(B).)

The Ombudsperson provides technical assistance, answers district and private school questions, participates in relevant meetings, communicates with the field and the United States Department of Education on relevant topics, and receives complaints from the field.

Complaint/Appeal Process

Private school officials have the right to file a complaint with NM PED if they believe:

1. consultation was not timely and meaningful,
2. their views were not duly considered,
3. district decisions were inequitable and/or,
4. in the case of Title I, any the method of determining low-income enrollment of private schools is in dispute.

Please contact the NM PED State Ombudsman Daniela Romero (Daniela.Romero@ped.nm.gov) to file a complaint.

Title II Part A Equitable Services

Forms