Texas Education Agency Affirmation of Consultation with Private Nonprofit School Officials 2017–2018 Instructions

Department of Grants Compliance and Oversight © Copyright 2017 by the Texas Education Agency. All Rights Reserved.

Glossary Agency: The Texas Education Agency (TEA) is the state education agency in Texas which is primarily responsible for the supervision of public elementary and secondary schools in the state. ESEA: Elementary and Secondary Education Act (1965) ESC: Education Service Center. There are 20 regional ESCs in Texas. ESSA: Every Student Succeeds Act (2015)

GFFC: Grants and Federal Fiscal Compliance (TEA) LEA: Local Educational Agency

NCLB: No Child Left Behind Act (2001) PNP: Private Nonprofit School School Official: Person legally authorized to represent the school in the consultation SSA: A Shared Services Arrangement is a written agreement between two or more school districts and/or education service centers that provides services for entities involved when such arrangement will strengthen the operation of the program. Each SSA must have a fiscal agent responsible for conducting various administrative activities. Title I, Part A: Improving basic programs operated by Local Educational Agencies Title I, Part C: Education of Migratory Children Title II, Part A: Preparing, Training, and Recruiting High-Quality Teachers, Principals, and Other School Leaders Title III, Part A-English Learner: English Instruction for English Learners and Immigrant Students Title III, Part A-Immigrant: English Instruction for English Learners and Immigrant Students Title IV, Part A: Student Support and Academic Enrichment Grants

PNP Affirmation Instructions 2017-2018

Page 2 Department of Grants Compliance and Oversight © Copyright 2017 by the Texas Education Agency. All rights reserved. May 2017

General Instructions The Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA), P.L. 114-95, requires that timely and meaningful consultation occur between the local educational agency (LEA) and private nonprofit (PNP) officials. LEAs are required to consult with participating PNP schools to determine equitable services for PNP students and teachers. [P.L. 114-95, Section 1117 and 8501]. Starting with the 2017-2018 school year, LEAs are required to submit an Affirmation of Consultation with PNP School Officials for the following programs: Title I, Part A; Title I, Part C; Title II, Part A; Title III, Part A English Learner; Title III, Part A Immigrant; and Title IV, Part A. Information provided in this Affirmation must be decided during the consultation between the LEA and PNP officials. The LEA must maintain auditable documentation to support the information provided in this Affirmation and the consultation meeting. The LEA is responsible for the administrative oversight of the ESSA program(s) in the PNP School.

On the Affirmation of Consultation with PNP School Officials form, the LEA enters name, county district number, name of participating PNP, selects participating programs, and PNP’s method of receiving services [i.e., LEA, 3rd Party, Consortium/Shared Services Arrangement (SSA)]. 

LEA or SSA completes one Affirmation per participating PNP.

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If there are no PNP schools participating in any of the listed programs, the Affirmation does not need to be submitted to the Agency. LEAs must maintain local documentation that a meeting was held to discuss potential services, but the PNP chose not to participate or respond.

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If a PNP decides to participate but later declines in one or more programs, a revised Affirmation must be uploaded in GFFC Reports and Data Collections application prior to the ESSA Consolidated Application amendment due date of June 1, 2018. The number of PNP Affirmations uploaded must match the number of participating PNPs submitted on the Consolidated Application.

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Affirmations for all participating PNPs should be uploaded on GFFC Reports and Data Collections application through TEASE or TEAL. Submissions are due no later than September 1, 2017.

PNP Affirmation Instructions 2017-2018

Page 3 Department of Grants Compliance and Oversight © Copyright 2017 by the Texas Education Agency. All rights reserved. May 2017

Shared Services Arrangement (SSA) Members and Fiscal Agents Each participating PNP school that receives services through an LEA who is a member of a Shared Services Arrangement (SSA) must have an Affirmation completed and submitted to the Agency. The SSA Written Agreement (signed by both the member LEA and the fiscal agent) determines who is responsible for the submission of the completed form to the Agency. 

If the SSA Written Agreement delineates the member LEA as responsible for consultation with the PNP school officials, then the member LEA is responsible for the completion and submission of the Affirmation form to the Agency.

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If the SSA Written Agreement delineates the fiscal agent as responsible for consultation with the PNP school officials, then the fiscal agent is responsible for the completion and submission of the Affirmation form to the Agency.

PNP Affirmation Instructions 2017-2018

Page 4 Department of Grants Compliance and Oversight © Copyright 2017 by the Texas Education Agency. All rights reserved. May 2017

Identification Information Enter the county-district number, name of the LEA, and name of the PNP School in the appropriate fields at the top of page.

PNP Participation No PNP Participation Indicates the LEA is not providing services to the PNP school. If the LEA does not have any PNP participation, this form does not need to be completed or submitted to the Agency. The LEA must keep documentation on file of the consultation. Use the drop-down menu under each program title to indicate the method by which the PNP will receive services (i.e., LEA, 3rd Party, Consortium/SSA, etc.). LEA Provides Services Indicates the LEA will provide services to the PNP school. LEA Provides Services through 3rd Party Contractor Indicates the LEA will provide services to the PNP school by contracting with a third party. Member of PNP Consortium or SSA Provides Services Indicates the LEA will provide services to the PNP school through the Region 10 or Region 20 consortiums.

Timely and Meaningful Consultation/Equitable Program Design The PNP official must indicate ‘yes’ or ‘no’ below each program title if he/she agrees or disagrees that timely and meaningful consultation with the LEA occurred and if the program design is equitable with respect to eligible private school children.

Elements of Consultation The table lists the elements that the consultation should include for each grant program. ESSA Section 1117(b) refers to Title I, Part A consultation requirements. ESSA Section 8501(c) refers to Title VIII (which includes Title I, Part C; Title II, Part A; Title III, Part A English Learner; Title III, Part A Immigrant; and Title IV, Part A) consultation requirements. PNP Affirmation Instructions 2017-2018

Page 5 Department of Grants Compliance and Oversight © Copyright 2017 by the Texas Education Agency. All rights reserved. May 2017

School Officials Signatures During the consultation meeting, the LEA should discuss that only PNP students meeting the eligibility requirements (and their parents and teachers, as applicable) may participate in the program(s). The LEA and PNP officials must both sign the Affirmation. If officials have Adobe Acrobat software, they may use electronic signatures which automatically include the date. If officials only have Adobe Reader or chose not to sign electronically, they will need to print the Affirmation form, provide written signatures with date, and scan to the computer for the LEA to upload signed Affirmation into the GFFC Reports and Data Collections. If the PNP official chooses not to participate in services, the LEA official must keep documentation on file. The LEA only submits an Affirmation if a PNP is participating in applicable programs.

GFFC Reports and Data Collections Follow these steps below to download documents: 1. 2. 3. 4. 5.

Log on to TEASE directly or through TEAL. Select GFFC Reports and Data Collections from application list. Select Download Response Templates. Select 2017-2018 PNP Affirmation. Save the document to your computer.

Once the document is completed, follow these steps to upload: 1. 2. 3. 4. 5. 6. 7. 8. 9.

Log on to TEASE directly or through TEAL. Select GFFC Reports and Data Collections from application list. Select Upload Response Documents. Select the document being uploaded from the Response Template Title pulldown menu: PNP Affirmation Select 2017-2018 from the School Year drop-down list. Select Response Document from the Response Doc Type drop-down list. Browse for, find, and select the file. Click Upload Document. Repeat steps 4 through 8 when uploading more than 1 document.

PNP Affirmation Instructions 2017-2018

Page 6 Department of Grants Compliance and Oversight © Copyright 2017 by the Texas Education Agency. All rights reserved. May 2017