Equitable Services for Private Nonprofit Schools

Overview of Equitable Services

LEAs who receive federal funds are required to provide equitable services for eligible private nonprofit school children, teachers, and other educational personnel. Services provided by the LEAs for private school participants must be designed to meet educational needs and supplement the educational services by the private schools. After consultation, private schools may receive equitable services. The LEA must spend the funds on behalf of the private schools, and the funds must never be given to a private nonprofit school.

Equitable Services for PNP Schools

Statute from ESEA as amended through ESSA, enacted December 10, 2015 contains two sections related to these equitable services:

ESSA PNP Equitable Services Program Guide (updated 7/2022)
PNP Equitable Services Reference Sheet
Section 1117: Title I, Part A
Sections 8501-8506: Title VIII
Title I, Part A: Providing Equitable Services to Eligible Private School Children, Teachers, and Families Updated Non-Regulatory Guidance
Title VIII, Part F: Equitable Services for Eligible Private School Children, Teachers, and Other Educational Personnel, Non-Regulatory Guidance
Title I, Part C – Migrant Education
Title II, Part A – Supporting Effective Instruction
Title III, Part A – English Learners & Immigrants
Title III, Part A: English Language Acquisition, Language Enhancement, and Academic Achievement Equitable Services to Private School Students, Teachers, and Other Educational Personnel Non-Regulatory Guidance (July 2015)
Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements Under the ESEA of 1965, as Amended by the ESSA (Nov 2016)
ONPE FAQ General Issues Related to Nonpublic Schools (August 2019)
Coronavirus Aid, Relief, and Economic Security Act (CARES Act): ESSER, Section 18003 and Equitable Services, Section 18005
ESSA LEA Private Nonprofit Equitable Services Reservations 2021-2022
Title IV, Part A – Student Support & Academic Enrichment Use of Funds
Title IV, Part B – 21st Century Community Learning Centers

Defining Nonprofit Status

Under 34 CFR 77.1,the term “nonprofit” as applied to an agency, organization, or institution, means that it is owned and operated by one or more corporations or associations whose net earnings do not benefit, and cannot lawfully benefit, any private shareholder or entity.

If a church that operates a school meets the definition of “non-profit”, the school does not need separate nonprofit documentation.

PNP Equitable Services Reservations

The TEA ESSA Private School Equitable Services website reports the amount of funds that must be reserved by LEAs for equitable services to eligible students at participating private nonprofit schools.

For Title I, Part A, the private nonprofit (PNP) equitable services reservation amount does not include any reduction for school district administration of private nonprofit services.

School districts are required to consult with PNPs prior to deducting administration costs from the equitable services amount.

PNP Equitable Services One-Pager

Affirmation of Consultation with PNP School Officials

In accordance with the requirements of ESSA, districts and eligible PNPs must collaborate to complete the Affirmation of Consultation forms, as applicable, and submit them to TEA.

Successful consultation begins well before the implementation of services, establishes positive and productive working relationships, makes planning effective, continues throughout implementation, and serves to ensure that the services provided meet the needs of eligible [PNP] students and teachers.

Equitable Services Must Be…

Secular, neutral, and non-ideological for all educational services, materials, and equipment.
Equitable educational services compared to public school.
Provided in a timely manner.
Monitored and enforced by an Ombudsman.

TEA Resources

ESSA PNP Equitable Services Frequently Asked Questions (updated 7/2022) provides answers to common questions regarding the provision of equitable services.
ESSA PNP Equitable Services: Transferability Authority FAQ (Version 1, 04/25/2018) answers questions related to the authority ESSA provides grantees to transfer certain grant funds.
Instructions for completing and submitting the affirmation forms
TEA Procedure for Offering PNP Equitable Services

In addition to the links above, TEA has prepared the following ESSA equitable services resources:

PNP Complaint Forms

The following resources are available in English and Spanish to private school officials and other stakeholders who believe that the ESSA and CARES Act ESSER equitable services requirement has been violated: