Equitable Services for Private Schools

9/29/20 UPDATE Regarding CARES Act Equitable Services:


On September 25, 2020, the US Department of Education announced that it will not appeal the court ruling that invalidated the July 1, 2020, Interim Final Rule regarding the calculation of proportionate share.  As stated in their official announcement, US Ed “will not take any action against States or local districts that followed the guidance and/or the IFR prior to notice of the court’s decision. Going forward, districts must calculate the minimal proportional share for CARES Act equitable services according to the formula provided in Section 1117(a)(4)(A) of the ESEA of 1965.” Therefore, districts should adjust their budgets accordingly.


School districts that previously calculated the CARES-ESSER proportionate share based on total enrollment must promptly update the private schools about any resulting changes in proportionate share amounts. The appropriate formulation, as referenced in US Ed’s announcement, is described in the June 2019 FAQ and the Proportionate Share Calculator that are provided below on this web page.


In the coming days, school districts will be updated with more information, including how to account for funds that have been encumbered but not yet spent.


CONTACT: Talbot Troy 984-236-2797


The Every Student Succeeds Act (ESSA), which reauthorizes the Elementary and Secondary Education Act (ESEA), requires that an LEA shall, after timely and meaningful consultation with appropriate private school officials, provide eligible private school children, on an equitable basis, services that address their academic needs. The LEA must also provide support services for the teachers and other educational staff and families of the participating children. Information regarding the consultation process and the provision of equitable services may be found in the resources listed below.

As of May 2018, DPI is awaiting further guidance from the U.S. Department of Education regarding the provision of equitable services under Title I-C, Title III, and Title IV-B.


NC Directory of Private Schools – LEAs are to invite private schools in this list to consult regarding equitable services that may be offered during the 2020-21 school year.

Private School Consultations for Equitable Services - Memo 2/4/2020  (PDF)

Outreach to Private Schools / Carryover of Equitable Service Funds - Memo 2/19/2020 (PDF)

Information a Private School Should Bring to the Equitable Services Consultation Meeting for Calculating Equitable Share Amount - Memo 4/4/2020 (PDF)

Affirmation of Notification, Invitation & Consultation for Private School Equitable Services, revised February 2020
(docx, 27kb)

Summary of Topics for Consultation and Statement of Assurances
(pdf, 125kb)

Spring 2019 Webinar: Equitable Services Updates
(pdf, 889kb)

Notice of Allocations of Equitable Service Funding for 2017-18
(pdf, 351kb)

June 2019: Frequently Asked Questions about Equitable Services
(PDF, 38kb)

Formulas for Calculating Proportioinate Share Amounts

Proportionate Share Calculator


November 2016 Non-Regulatory Guidance: Fiscal Changes and Equitable Services Requirements under the Elementary and Secondary Education Act of 1965 (ESEA), as Amended by the Every Student Succeeds Act (ESSA)

March 2009 Non-Regulatory Guidance: Title IX, Part E, Uniform Provisions Subpart 1—Private Schools
(pdf, 485kb)

September 2006: Ensuring Equitable Services to Private School Children -- A Title I Resource Tool Kit
(pdf, 1.7mb)

October 2003 USED Non-Regulatory Guidance: Title I Services to Eligible Private
(pdf, 327kb)

Title I-A: Providing Equitable Services to Eligible Private School Children, Teachers and Families (USED Non-Regulatory Guidance, October 2019)