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Equity for Non-public Schools

Providing Equitable Services to Students and Teachers in Non-public Schools

Under the CARES Act Education Stabilization Fund, LEAs that receive funds from ESSER or GEER must provide equitable services to students and teachers in non-public schools “in the same manner as” they do with Title funds.  Under ESSER, Districts provide “equitable services” to non-public school students and teachers by allocating a proportionate share of ESSER funds to non-public schools. The USDE has determined that, under the CARES Act programs, the LEA in which a non-public school is located is responsible for providing equitable services to students and teachers in the school.

The CARES Act, is consistent with other federally funded programs, gives school districts public control of the funds that must be set-aside for students and teachers in non-public schools, including title to equipment and property, administration of funds, and the provision of services (which may be through contract with a public or private entity). The LEA has the responsibility to initiate the equitable share consultation with non‐ public schools within its boundaries to agree on the services to be provided.

Per USDE guidance, an LEA must maintain and provide a copy of the “CARES Act Funding Nonpublic Consultation Form” to the Nebraska Department of Education for every non-public school within boundaries eligible to receive an equitable share of CARES Act funding. The signed form by non-public school official indicates acceptance or declines participation in equitable services provided through the CARES Act funding. With acceptance, acknowledgement that timely and meaningful consultation occurred.

Note:  A signed copy of the CARES Act Funding Nonpublic Consultation Form for every non-public school eligible to receive equitable services within an LEA’s boundaries (indicating participation preference) will be required to be uploaded as an attachment to the LEA’s CARES Act ESSER Fund sub-grant application in the Grants Management System (GMS).

The calculation of the value of equitable services that the LEA must provide to non‐public schools is different for ESSER as compared to Title I. For ESSER funds, the non‐public school share of the allocation to an LEA is determined by dividing the total enrollment of the non‐public schools by the total combined enrollment of public and non‐public schools within the LEA’s boundaries.

This methodology as well as providing equitable services under the CARES Act is contained in U.S. Department of Education guidance on equitable services published on April 30, 2020.

Updated June 16, 2020 1:00pm