Written by Mary McEloy, JD, NCEA associate vice president of public policy, mmcelroy@ncea.org
The beginning of the school year always brings with it new challenges. Some are to be expected, and some always arrive unannounced and unanticipated. In the world of government education programs, this is particularly true, especially as staff changes can impact communication between public school officials and school building leaders.
The participation of our Catholic schools in the equitable services provided under federal education programs should have been determined for the 2026-2027 school year prior to the end of last school year so that programs can begin in a timely manner. Now is the time for school building leaders to review what was decided upon in last year’s consultation with the local educational agency (LEA), also known as the district.
School leaders should reach out to third-party providers who have contracted with the LEA to provide equitable services for your students. Make sure you know who is assigned, when they are to be at your school, and how to get in touch with their supervisor. Check student rosters to know which students are eligible for services. Be aware of what materials were ordered and for which program, so that they can be tagged appropriately and used right away when they arrive.
If you are a new school building leader, or would just like a brief refresher, here are some basics about federal education programs to keep in mind as the school year gets underway:
Equitable Services – Services are to be equitable, meaning they do not have to be the same as those in public school, as they are to be based on the unique needs of your school, but they are to be comparable from an equity standpoint. The district is always responsible for the provision of equitable services, even if they are being handled by a third-party provider. This becomes especially important if an issue arises with the provider. Section 1117 of the Every Student Succeeds Act (ESSA) contains the provisions that pertain to the participation of students enrolled in private schools. The general provisions are listed in this document and serve as a blueprint for obtaining equitable services for private school students and other educational personnel.
Consultation – Arguably the most important part of the federal programs process. Consultation is required by law, and the LEA must affirmatively state that it consulted with the school building leader or diocesan office representative on behalf of an individual school. Consultation is important because it is the basis for decisions made regarding how the various federal programs will be implemented in your school. This is where you let the LEA know the needs of the school and talk to them about how they arrive at the calculations made for the funds, choice of provider(s), and nuts and bolts regarding arranging for the materials and services provided. Consultation is not a one and done; it is meant to be ongoing and meaningful. It is your opportunity to establish a relationship with the federal programs, special education, and business administration staff in your LEA. This will be especially valuable as you will need to remain aware throughout the year of how the funds are being used on your behalf and know who to contact should an issue arise. See Section 1117 of the ESSA.
Title I, Part A – Improving basic programs operated by state and local educational agencies. This is the only federal program where the funding follows the student, as it is based on student residence. How are you collecting information regarding student eligibility? Do you have a way to capture this information as students register and join your school community and to confirm it every year? How can these services be delivered in a way that maximizes student outcomes? Learn more on the NCEA website: Title I, Part A: Improving Basic Programs Operated by State and Local Educational Agencies.
Title II, Part A – Preparing and training teachers and school leaders. Professional development for faculty needs to be aligned with a needs assessment, where the school indicates an area that testing has shown needs strengthening. The program or services selected should be demonstrated to be research-based. For more information, visit: Non-Regulatory Guidance for Title II, Part A.
NCEA 2027 is an eligible use for Title II, for non-ideological content. See 2027 NCEA Convention & Expo for more information.
Title III, Part A – Language instruction for English learners and immigrant students. Provides materials for teachers to use with students for English language acquisition, if the LEA has applied for these funds. If the district does not use this title program, there are no equitable services in it for our schools. Learn more on the NCEA website: Title III, Part A: Language Instruction for English Learners and Immigrant Students.
Title IV, Part A – For technology needs and student health and wellbeing, with an emphasis on access to a well-rounded education. The goal is to improve school conditions for student learning as well as digital literacy for all students. Learn more on the NCEA website: Title IV, Part A: Student Support and Academic Enrichment Grants.
Individuals with Disabilities Act (IDEA) – Applies to students who are classified as eligible for special education through one of 13 federal disability categories. Students parentally placed in a Catholic school do not receive an Individualized Education Plan (IEP), but do receive a Service Plan (SP), indicating the services to be provided by the LEA. These services are more limited than an IEP because these students are only eligible for equitable participation in the pot of funding for all classified private school students in the district, known as the proportionate share. See FAQs from U.S. Department of Education, OSERS, and Individuals with Disabilities Education Act (IDEA).
E-Rate – The longstanding program that assists schools with expenses for broadband and related services, including data systems and cybersecurity. E-Rate has been very successful and is now at risk of being discontinued or greatly reduced as the FCC seeks comment on a proposed negative rulemaking action.
The NCEA Weekly email of 8/21/2026 highlighted this issue, indicating how NCEA is actively engaged in advocacy around preserving E-Rate, including preparing formal FCC comments, collaborating with our E-Rate partners, and supporting the launch of Save Our E-Rate – Schools Health & Libraries Broadband Coalition, a central hub with resources for filing FCC comments, contacting members of Congress, and taking other actions to support the program. How would the reduction or elimination of E-Rate affect your school and diocese? Please take action as outlined when you visit the site and stay tuned as more information and, most importantly, further ways to get involved in preserving E-Rate are brought to you by NCEA and our E-Rate partners.
And finally, a word about the Education Freedom Tax Credit (EFTC) — this is the federal tax credit that takes effect in January 2027 for donations to approved scholarship granting organizations (SGOs) who in turn award scholarships to eligible students. See Sr. Dale McDonald’s previous webinar, Understanding the New Federal Scholarship Tax Credit, for an overview. While not a federal education program, many of our Catholic school students will be able to benefit from it. It is not just a Catholic school or private school program, as students in public schools are also eligible for scholarships for adjacent educational expenses, making it important for all families. Much more information regarding this is headed your way as we prepare for implementation of EFTC.
