Private Schools
ESEA Title I, Part A, Sec. 1117 – Participation of Children Enrolled in Private Schools AND Part F-UNIFORM PROVISIONS Subpart 1-Private Schools Sec. 8501-8506
Why Serve Private/Nonpublic Schools
The federal programs are supported from tax dollars; therefore all children and teachers are eligible to access these programs. ESEA requires equitable services to be provided to private/nonpublic school students, teachers, and other educational personnel.
Equitable Participation
For all covered programs, services should be equitable and should begin at the same time as the public school services begin. The key word is services. No public funds are distributed to private/nonpublic schools, only services and materials. The public district retains ownership of all educational materials.
- Title VIII, Part F Non-regulatory Guidance July 2023
- Private School Participation List 2023
- Private School Guidance August 2022
- 2024-2025 Private School Participation Letter -- THIS LINK NEEDS UPDATING
- Private School Non-regulatory Guidance May 2023
- Guidance for Montana Private Schools Serving Students Experiencing Homelessness
- TransACT form PSC-04 Federal Requirements for Providing Equitable Public School Services to Private School and Private School Ombudsman Information
- The notice is an invitation to private school representatives informing them of the federal obligations that school districts have to provide public school services to eligible private school students. It also informs them that the state has appointed a Private School Ombudsman and the role of the ombudsman. ESEA as amended, 2015, Sections 1117(a)(3)(B); 1117(b)(1); 1112(c)(2) & 8501(a)(1)
- Send the consultation invitation to all private schools within the LEA attendance area a reasonable time prior to the scheduled annual consultation.
- Affirmation of Consultation with Private Schools
- Title I Equitable Share Services Agreement
- Inter-local Agreement for Private School Participation in Title I
- Guidance for Montana Private Schools Serving Students Experiencing Homelessness
If private/nonpublic school officials believe that timely and meaningful consultation has not occurred or that the district did not give due consideration to their views, they should first contact the federal programs representative or superintendent at the school district to discuss their concerns.
In the event the concern is not resolved, the private/nonpublic school has the right to file a formal written complaint with the Office of Public Instruction (OPI). Section 200-3 of the OPI State and Federal Grants Handbook is the guideline for the complaint process.
The formal written complaint should include:
- A statement that the district, other educational agency, or in some cases the OPI, has violated a requirement of a federal statute or regulation that applies to a program requiring equitable participation
- The specific requirement alleged to have been violated
- The facts on which the complaint is based
- The name and address of the complainant
- The expected resolution of the alleged violation
- The signature of the complainant
A complaint should be sent directly to:
Zach Hawkins, Private School Ombudsman
Office of Public Instruction
P. O. Box 202501, Helena, MT 59620-2501
(406) 444-3083
For more information or guidance on serving private/non-public schools with federal funds, visit The Office of Non-Public Education on the Department of Education website -- THIS LINK NEEDS UPDATING.
OPI Staff are here to help:
Zach Hawkins, Private School Ombudsman, Title I Director, (406) 444-3083