A RESOURCE GUIDE FOR APPLYING NCLB IN HIGH SCHOOL CLASSROOMS
COMPONENT: Participation by Private Schools
DEFINITION: The No Child Left Behind Act does not directly apply to private high schools. No private high school is under any obligation to participate in any aspect of the No Child Left Behind Act. Programs, services, and other benefits may be provided to students, teachers, and other education personnel of private high schools under the terms of the No Child Left Behind Act. When provided, these services are fiscally administered by public agencies. They are delivered by public agencies or third parties contracted by public agencies. Private high schools may not receive federal money or exercise administrative control over programs and services under the No Child Left Behind Act. Private high schools, for the purposes of the Act, include religiously affiliated schools. No federal dollars may be used for religious worship or instruction and all funded programs, services, and benefits received must be of a secular and non-ideological nature.

In general, participation by private high schools is governed by the Uniform Provisions of Title IX of the No Child Left Behind Act (Sections 9501-9504). Three specific programs are governed by special provisions: Title I, Part A, Improving the Academic Achievement of the Disadvantaged (section 1120); Title V, Part A, Innovative Programs (section 5142); and Title V, Part D, Subpart 6, Gifted and Talented Students (section 5466).
SUMMARY OF NCLB REQUIREMENTS

Equitable Participation

For those programs and services that apply to private high school students, teachers and educational personnel, the No Child Left Behind Act mandates school districts to provide equivalent services and fund those programs and services based on the percentage of students within the service area of the school district who are eligible private school students. For example, if $100,000 is available to the school district for professional development and ten percent of the students in the school district’s service area attend private high schools, those private high schools are entitled to $10,000 worth of professional development.

Engagement in “timely and meaningful” consultation

The school district must consult with private high schools within its service area before making “any decision that affects the opportunities of eligible private school children, teachers, and other educational personnel to participate in programs” under the No Child Left Behind Act. That consultation “shall continue through the implementation and assessment activities.” In practice, the school district should contact the private high school to discuss issues including: how needs will be identified; what services will be offered; how, where, and by whom the services will be offered; how services will be assessed, and how the results of the assessment will be used to improve the programs and services. The result of these consultations should not be a mere promise to open public school programs to private school participants. Rather, distinct programs should be developed that meet articulated private school needs.

Consultation does not commit a private high school to further participation in the No Child Left Behind Act. Because the results of consultation will be included in the school district’s plan and will determine the content and funding of programs, services, and benefits, it is critical that private high schools participate in the process.
Assessment Under Title I

A State’s academic standards do not apply to private high schools. Students attending private high schools are not required to participate in a State academic assessment system, with the exception of students with disabilities placed in private schools by public agencies.

Private high schools are obligated to participate in the assessment of programs and services provided to students, teachers, and other educational personnel under Title I. There are assessment/evaluation requirements attached to other No Child Left Behind Act programs, as well. Throughout the No Child Left Behind Act, the call is for all students to meet “challenging” State academic standards, leaving open the possibility that the State’s academic achievement assessment could be the designated evaluation/assessment tool. Exactly what assessment entails is a subject for consultation between the school district and the private high schools. This is another good reason for private high schools to be actively engaged in consultation with the school district.
SUGGESTIONS FOR IMPLEMENTATION

The decision regarding participation in one or more programs is probably best made on the basis of a carefully reasoned cost/benefit analysis. Participation in some programs may require student participation in some form of State sponsored assessment. The process of securing, administering, and evaluating grants can be costly. While the sums appropriated for the various programs are substantial, the proportion of funding allocated to high schools by school districts is traditionally much smaller than the amounts allocated to elementary education.

The calculation reduces itself to this question: Is access to programs and services by students, teachers, and other educational personnel worth the time and effort necessary to apply for, monitor, and evaluate those programs and services under assessment guidelines created through consultation.

Step One: Determine eligibility - Some State constitutions prohibit any form of State support for private high schools. Some may have significant restrictions. Contact your school district or State Department of Education to determine what restrictions, if any, apply in your State. In some cases, there are “by-pass” or “waiver” provisions within the No Child Left Behind Act that might overcome State restrictions. Professional legal assistance in interpreting the No Child Left Behind Act should be sought if a school is considering this course.

Step Two: Assess the level and quality of engagement - The law mandates consultation, initiated by the school district. Whether that consultation actually occurs, and whether it meets the tests of timeliness and meaningfulness is another matter.

Questions to ask:
  1. Was my school consulted? [Private school participation rates are greater in service areas where the school district has initiated consultation.]

  2. Was that consultation positive? [The value of participation is greater if the consultation results in working relationships based on mutual respect.]

  3. Are private high schools serving students within the school district included in the school district’s plan? [Generic inclusion of private schools is not sufficient, as funding for high school programs is traditionally low. There should be a stated commitment to higher service levels for private high schools in the plan.]

  4. Will the Federally approved State plan generate sufficient funds to support programs that must demonstrate quantifiable gains in student learning? [The No Child Left Behind Act sets high standards for programs and services regardless of the adequacy of funding.]

If the answers to the questions above are positive, active participation should be considered. If they are less than positive, the private high school needs to become active in initiating “meaningful” consultation and introducing plan revisions that meet its needs.

Step Three: Determine the level of commitment to equitable participation - Many school district’s have people dedicated to administration of Title I programs. Others parse responsibility among several people as part of their duties. Regardless of the staffing arrangement, specific personnel within the school district should be identified who understand the duty to serve private high schools under the No Child Left Behind Act and are committed to equitable participation.

Step Four: Identify the programs of greatest interest - Some programs will be funded at the school district level and may require no more than a simple application. In other cases, grants will have to be initiated, either directly or through a school district. There is no such thing as a common application for those programs. It is therefore critical that those programs be identified which represent the greatest level of interest and need for the school and the greatest potential for successful funding.

Programs and services of special interest to private high schools include:

  1. Tutoring and support for academically disadvantaged students. (Title I, Part A)

  2. Assistance in the education of migrant students. (Title I, Part B)

  3. Professional development of teachers in the use of technology to enhance education. (Title II, Part D)

  4. Assistance to students in attaining English proficiency, including professional development for teachers. (Title III, Part A)

  5. Student and parent involvement in Drug Free/Gun Free Schools programs. (Title IV, Part A)

  6. Student access to after-school activities. (Title IV, Part B)

  7. Innovative Program grants, sought in partnership with the LEA. (Title V, Part A)

  8. Grants for secular activities related to character education, sought through consortial partnerships. (Title V, Part D)

  9. Gifted and talented services and programs for students, including professional development for teachers. (Title V, Subpart 6)

Step Five: Act - Contact the appropriate agency and initiate requests for funding.
SOURCES FOR FURTHER INFORMATION

Public Law 107-110, No Child Left Behind Act of 2001
http://www.ed.gov/legislation/ESEA02/

No Child Left Behind - A Desktop Reference, U.S. Department of Education
http://www.NoChildleftBehind.Gov

The Baldrige Criteria for Excellence, Steps to School Improvement
http://www.quality.nist.gov/Education_Criteria.htm

Making Good Choices: A Guide for Schools and Districts
http://www.ncrel.org/csri/tools/makegood/title.htm

Data Tutorial: A collection of data-driven decision-making tools for educators
http://www.ncrel.org/toolbelt/tutor.htm

Afterschool Alliance
http://www.afterschoolalliance.org

Using Title I to Support links to research on after school programs as well Out-of-School Time and Community Initiatives as program tools and State-specific information http://www.financeprojectinfo.org/osthome.htm

School Improvement: Focusing on student performance
http://www.nsse.org/

Help for Parents: NEA resources
http://www.nea.org/parents/default.cfm

Understanding School Assessment - A Parent And Community Guide to helping Students Learn Assessment Training Institute,
http://www.assessmentinst.com/

"Becoming a Master Student" - David B. Ellis,
College, Inc., P.O. Box 8306
Rapid City, SD 57709-8306

"From the Capital to the Classroom" - State and Federal Efforts to Implement the NCLB Act, Center of Education Policy, January 2003
http://www.cep-dc.org