News From the US Department of Education
Office of Non-Public Education

 

Return to current issue

December, 2000

Success Stories:  The Office of Non-Public Education welcomes readers to send in their success stories to be shared with private school educators and the general private school community.  Success stories may include family involvement, benefits from federal programs, cooperative programs with public schools, and/or successful initiatives or projects undertaken by the school.  All submissions must contain a contact name and phone number and can be sent to OIIANon-PublicEducation@ed.govor faxed to 202-401-1368.  We look forward to sharing your success stories with everyone!

E-rate Update:  Private schools that intend to apply for the E-Rate telecommunications discount for Funding Year 4 (July 1, 2001-June 30, 2002) should file their Form 470 very soon in order to be able to file their Form 471 within the "window" that is open from November 6, 2000 to January 18, 2001.  Before a school can file its Form 471, the school must first develop a technology plan, post a Form 470, wait a 28 day mandatory period for service providers to bid on new service requests, and sign a contract or enter into an agreement with a vendor (except that contracts are not required in the case of tariff telecommunications services or month-to-month service arrangements, which are usually provided without a formal written contract).  This means that a school must file Form 470 no later than December 20, which is 28 days prior to January 18th.  Your form must be postmarked by this date.  A school needs to follow these steps to file a Form 471 within the window:  * Develop a technology plan and have it approved by your state or another certified approving body.  (The SLD has certified approval entities for nonpublic school plans, which are listed in the SLD web site.)  However, if a school is applying for E-rate discounts only on basic local and long distance telephone service, no technology plan is required.  Submit Form 470 very soon.  Form 470 can and should be filed as soon as possible, but not later than December 20th.  (The opening and closing dates for the window apply only to the filing of Form 471.)  Form 470 describes the services or products your school seeks, includes information about you that service providers need to know to best meet your needs, and contains a certification form.  If you are seeking bids on new services for which you plan on receiving E-rate discounts, your Form 470 must be posted to the SLD Web Site for a period of 28 days before you sign a contract with a vendor from the bids received.  File your Form 470 online (you still need to mail a signed copy of the Certification page to SLD) to save time.  If you file by paper, the posting will be delayed for as long as 40 days.  The 28-day mandatory period for service providers to bid on your new service requests does not start until your Form 470 is posted.  A school is allowed to skip Form 470 for services under a multi-year contract for which a Form 470 was filed in a prior year.  When filling in the Form 471 request, simply cite the application number (formerly referred to as the USCN) of the Form 470 previously filed.  Wait 28 days for a competitive bidding period.  Upon processing or posting of the Form 470, the SLD will notify you of the date -- the "Allowable Contract Date" -- upon which you may sign a contract or enter into an agreement for new services or file Form 471.  You are required to wait 28 days before you sign a contract or enter into an agreement for services.  After you sign a contract or enter into an agreement, you can file FCC Form 471.  Sign a contract or enter into an agreement for services with a service provider or vendor.  You do not need a contract for tariffed services (telecommunications services purchased at regulated rates), month-to-month Internet access, cellular services, or paging services for which you do not have a written contract but for which your standard monthly bills are proof of a binding, legal arrangement, but a Form 470 must be filed for these services each year).  File Form 471 within the window from early November-mid January.  The Form 471 lists the services for which you are requesting E-rate discounts, the entities that are eligible to receive these services, and establishes the discount rate you will receive on these services.  For the latest information on the E-Rate, including detailed step-by-step instructions for applying for discounts, go to "What's New at SLD" at http://www.sl.universalservice.org/whatsnew/default.asp.  If you have questions about the E-Rate, call the Schools and Libraries Division Client Service Bureau at (888) 203-8100.  You can also direct questions and comments to comments@universalservice.org

Child FindThis week's update includes information on IDEA's Child Find process.  The next issue will look at provision of services to parentally-placed private school children under IDEA.  It is important and essential to inform private school officials and parents of the nature and extent of school districts' obligations to parentally-placed private school students with disabilities under Part B of the Individuals with Disabilities Education Act (IDEA Part B), as amended in 1997.  The Office of Non-Public Education has received many inquiries from private school administrators about IDEA Part B and its implementing regulations regarding parentally-placed private school students with disabilities.  Following are some of the highlights of the law and regulations in relation to child find:  Child Find Child find refers to ongoing activities undertaken by state educational agencies (SEAs) and local educational agencies (LEAs) to locate, identify, and evaluate all children residing in the State who are suspected of having disabilities under Part B of IDEA (Part B), so that a free appropriate public education (FAPE) can be made available to eligible children.  If, through the child find process, the private school child is found to have a disability as defined under IDEA, then an offer of FAPE will be made.  Parents may choose to accept this offer of FAPE and move their child to the public school setting, or they may refuse to move their child to the public school and ask for services to be considered while their child remains a student at the private school.  This is the category referred to in the law as a "parentally-placed private school student."  Activities undertaken to carry out child find for parentally-placed private school students must be comparable to activities undertaken for child find for students in public schools.  In determining how and when to carry out child find, the local public school district, referred to in the law as the local educational agency (LEA), must consult with appropriate representatives of parentally-placed private school students with disabilities.  Following the initial evaluation, a group of qualified professionals and the child's parents must make an eligibility determination, and this group must determine whether the child has a disability as defined in Part B.  If a determination is made that the child needs special education and related services, the school district must develop an individualized education program (IEP) for the child, unless the parents make clear their intention to enroll their child at a private school and that they are not interested in a public program or placement for their child.  The costs of child find activities, including individual evaluations, are borne by the LEA and are separate from the monies allocated for the provision of services.  Annual Expenditures Annual expenditures for parentally-placed private school students with disabilities are calculated based on the total number of students with disabilities residing in the LEA's jurisdiction eligible to receive special education and related services under Part B as compared with the total number of eligible parentally-placed private school students with disabilities residing in the LEA's jurisdiction.  The proportionate share is determined based on the total number of eligible parentally-placed private school students with disabilities residing within the LEA's jurisdiction and not limited to the number of those students receiving special education or related services in accordance with a services plan.  The next newsletter will provide information on provision of services under IDEA for those children in private schools found to have a disability.  For further information on IDEA Part B (as amended in 1997) and implementing regulations regarding the obligations of school districts to parentally-placed private school students, click on to http://www.nichcy.org/private.htm .  Please feel free to contact us at 202-401-1365 or click on to www.ed.gov/offices/OIIA/NonPublic should you have any questions.  We would also be happy to conduct a workshop for private school administrators about IDEA and other federal education programs available to private school students and teachers.
 


November, 2000

Participating in Federal Education Programs -- Title VI:  Title VI provides innovative assistance, including supplementary educational materials such as computers, computer software, library materials, and reference materials; programs to improve the higher-order thinking skills of disadvantaged students; and programs to serve gifted and talented students.  Mitchell v. Helms (decided on June 28, 2000) confirmed the constitutionality of Title VI when the Supreme Court held that providing computers, library and media materials, and other instructional materials to students in private, religious schools under Title VI of the Elementary and Secondary Education Act (ESEA) did not violate the Establishment Clause of the First Amendment.  Printed below is the guidance on the participation of private school students in Title VI.  The full guidance of the legislation can be found at http://www.ed.gov/offices/OESE/ESEA-TitleVI.doc
 


October, 2000

Blue Ribbon School Award Winners:  One hundred ninety-eight schools were honored in Washington, DC, September 21-22, 2000, seventeen of them were private schools.  For information on the Blue Ribbon Schools program, visit www.ed.gov/offices/OERI/BlueRibbonSchools/.  For information about the participation of private schools in the Blue Ribbon Schools program and to learn how to nominate your school for an award, visit the web site for the Council for American Private Education (CAPE) at www.capenet.org.

Private School Locator-CD ROM Version:  In response to the increasing concern about alternatives in education and therefore the growing interest and need for data on private education, the National Center for Education Statistics (NCES) has made a collection of data on CD-ROM on private elementary and secondary schools.  With this CD-ROM, NCES aims to provide an accurate and complete list of private schools to serve as a sampling frame for NCES surveys of private schools and to provide a user-friendly way for the general public to access information about private elementary and secondary schools.  Specifically, the CD-ROM presents data on schools with grades kindergarten through twelve by selected characteristics such as school size, school level, religious orientation, geographic region, community type, length of school day, number of teachers employed, and program emphasis.  The CD-ROM will be useful for many different policy- and research-related issues, such as the growth of religiously-affiliated schools, the total enrollment of private school students in K-12, and the number of high school graduates.  The information on the CD-ROM is the same information as can be found on the web-based Private School Locator.  The locator can be found at http://nces.ed.gov/surveys/pss/locator/index.html. To obtain a single free copy of the CD-ROM on private elementary and secondary schools, contact ED PUBS at 1-877-4ED-PUBS.

National Distinguished School Principals Honored On September 21st, sixty-six outstanding public and private elementary and middle school principals from across the nation and U.S. schools abroad were recognized as 2000 National Distinguished Principals by the U.S. Department of Education and the National Association of Elementary School Principals (NAESP).  They are recognized for their outstanding contributions to their schools and communities.  They will be honored on October 6 at an awards banquet at the J.W. Marriott in Washington, D.C.  Winners from private schools included:

* Carolyn Coffey of Christian Lutheran School in West Covina, CA
* Sister Mary Menegatti of Saint Ignatius of Loyola in Los Angeles, CA
* Carolota Morales of Saint Agatha Catholic School in Miami, FL
* Gordon Stuckert of Saint Paul Lutheran School in Peachtree City, GA
* Daniel Netz of Pella Christian Grade School in Pella, IA
* Joseph Sine of Saint Charles Borromeo School in Oklahoma City, OK
Workplace Poster Requirements for Private Schools:   Private schools are also employers, and as such they are required to post certain federal and state workplace notices.  The federal posters that your school is most likely to be required to post are the following -- but for specific guidance contact the Office of Small Business Programs in the U.S. Department of Labor, or your relevant state agency: Some employers may also be required to post: To obtain federal posters and more information about poster requirements or other compliance assistance matters, contact the Office of Small Business Programs, U.S. Department of Labors.  Call toll-free (888) 9-SBREFA, or (202) 219-9144), or visit the DOL poster page at http://www2.dol.gov/dol/osbp/public/sbrefa/poster/main.htm.  You can also go to http://www.dol.gov/dol/osbp/public/sbrefa/poster/matrix.htmfor additional information about posting requirements, including a chart containing information about who must post what information.  Additionally, from the chart, you can link to each section's page for further information and particular posting requirements.  The poster can be printed directly from that section's page--there is no need to order them from another source.  Directions for printing and size requirements are contained in the information posted on each section's page.  You should also contact the relevant agency in your state to determine what additional notices your state requires you to post.  If your state has requirements that are tougher than federal requirements, for example on minimum wage or occupational safety standards, you are required to observe them.  If you don't know how to contact your state agency, the Office of Small Business Programs in the U.S. Department of Labor (phone numbers above) will be happy to give you the appropriate contact information.
 


September, 2000

The Office of Non-Public Education frequently receives inquiries about forgiveness of student loans for teachers in private schools.  Please pass on the following information to your teachers.  Student Loan Programs Offering Teaching Service Cancellation/Deferment/Reduced Service Option For Which Private School Teachers are Eligible:

Federal Perkins Loan Cancellations:  Federal Perkins Loan Borrowers are eligible for cancellation for full-time teaching in three categories:  Teaching in an elementary or secondary school that serves low-income students (Perkins/NDSL loans made on or after July 1, 1987); teaching in an elementary or secondary school system that has a shortage of teachers in a designated subject matter area (Perkins Loans made on or after July 23, 1992); teaching disabled students in a public or other nonprofit elementary or secondary school (Perkins/NDSL loans made on or after July 1, 1987).  For a list of designated teacher shortage areas, go to www.ed.gov/offices/OSFAP/students/repayment/teachers/tsa.html.  For a list of schools classified as low-income schools, go to www.ed.gov/offices/OSFAP/Students/repayment/teachers/search_t99.html  For more information on the Federal Perkins Loan plan, go to www. ed.gov/offices/OSFAP/Students/repayment/teachers/perkins.html.

Stafford Loan Cancellations:  The Higher Education Amendments of 1998 added Loan forgiveness for Stafford loans.  To qualify for forgiveness, the teacher must be a new borrower on or after October 1, 1998 and must teach for 5 consecutive complete school years in a low-income school.  This program will repay loans up to $5000.  Regulations are necessary to implement this program, and those regulations are still being negotiated.  However, it is likely that the Perkins low-income school list will also be used to determine if a school qualifies as low income for the purpose of canceling Stafford loans.

Stafford Loan Deferments Federal Stafford Loans offer deferred repayments for full-time teaching in a federally-designated teacher shortage area for a maximum of three years for teachers who received a Federal Family Education Loan (FFEL) Program Loan for enrollment in classes that started between July 1, 1987 and June 30, 1993, and had no outstanding FFEL Program Loan on the date they signed the promissory note for the loan.  If teachers qualify for teacher service deferment of an FFEL Program loan for enrollment between July 1, 1987 and June 30, 1993, they may also defer any additional FFEL Program loan or Direct Loan that they received after June 30, 1993.  For more information on the Stafford Loan Deferment program, go to www.ed.gov/offices/OSFAP/Students/repayment/teachers/.
 


August, 2000

Benefits for Private School Students and Teachers from Federal Education Programs:  To increase and/or
promote awareness on the benefits Federal Education Programs offer to private school students and teachers -- such as
Title I of the Elementary And Secondary Act: Education for Disadvantaged Students, Title III of the Elementary and
Secondary Act: Technology Education for All, and Title VII of the Elementary and Secondary Act: Bilingual Education --
the Office of Non- Public Education has published a brochure summarizing some of these programs.  For a copy of this
publication, call 1-877-4ED-PUBS or email your request to OIIANon-PublicEducation@ed.gov.

Update on the Proceedings of the Pierce v. Society of Sisters Conference:  On July 11th-12th, the Office of
Non-Public Education held a national conference commemorating the 75th anniversary of the Supreme Court decision in
Pierce v. Society of Sisters that upheld the right of private schools to exist.  The Office of Non-Public Education is still in
the process of putting together proceedings from the Pierce, Pluralism, and Partnership conference.  They will be available
in the near future.  Email OIIANon-PublicEducation@ed.gov or "Q" at hia_quach@ed.gov for questions or to request
the conference's proceedings.  Proceedings will also be available on our web site www.ed.gov/news.html, "What's
New."

After-School Programs:  Keeping Children Safe and Smart:  Jointly authored by the U.S. Department of Justice, the
Department of Education has published a report, "After-School Programs: Keeping Children Safe and Smart," in
response to the growing concern of parents on the safety of their children at school and their susceptibility to drugs and
crime on school grounds.  The report focuses exclusively on the benefits children receive in terms of increased safety,
improved learning, and reduced risk-taking.  This publication is available at www.ed.gov/pubs/edpubs.html and at the
Partnership for Family Involvement in Education's web site, http://pfie.ed.gov , or by calling 1-800-872-5327

Ear Infections and Language Development:  The U.S. Department of Education's Office of Educational Research
and Improvement (OERI) has just released a new publication, "Ear Infections and Language Development" to inform
parents and caregivers about how ear infections and middle ear fluid (called otitis media) might affect a child's language
development and what steps they should take to help.  Jointly authored by the National Center for Early Development
and Learning and the American Speech-Language-Hearing Association, the report contains tips for preventing ear
infections and for helping the child learn language and early literacy skills.  This publication, while supplies last, is available
at www.ed.gov/pubs/edpubs.html or by calling 1-877-4ED-PUBS. For content information, please contact Tamara
Knowles at 202-219-3380 or via email at tamara_knowles@ed.gov.

School Involvement in Early Childhood:  Published by the National Institute on Early Childhood Development and
Education, the "School Involvement in Early Childhood" calls for a coordinated link between preschool care and the
education system with the public school system.  The report highlights examples of how public schools can become
involved with families and preschool care and education programs to improve school readiness and early school success.
It looks at why public schools should be involved in early childhood and what facilitates that involvement, what roles
public schools should play in early childhood and what challenges they meet in their involvement in Early Childhood, and
what are the key issues for professional development.  The information is very applicable to private schools with early
childhood programs or those exploring the option to open one.  To obtain a copy of this report, call 1-877-4ED-PUBS.

Building Your Baby's Brain -- A Parent's Guide to the First Five Years: Written by Diane Dodge and Cate Heroman, this parents' guide to the first five years of a baby's life informs parents of young children how they can take advantage of recent findings from brain research to optimize or strengthen their children's learning and development. It provides information on what scientists have discovered about babies' brains and why parents of young children should be concerned. The book is online in English or Spanish (PDF format) at www.ed.gov/offices/OERI/ECI/publications.html. For further information or question, call 1-800-637-3652 or email info@TeachingStrategies.com
 

July, 2000

Mitchell v. Helms US Supreme Court Decision:  On June 28, 2000, the US Supreme Court ruled favorable in the Mitchell v. Helms case.  By a 6-3 vote, the court upheld the constitutionality of providing materials and equipment to private school students under the Title VI (formerly Chapter 2) program.  The US Department of Justice argued successfuly on behalf of the US Department of Education.  The US Department of Education has been defending this case since 1985, filing briefs in support of the program at all levels of the litigation -- including the US Supreme Court.  Much of the reasoning was based on Agostini v. Felton in which the Federal government played a pivotal role in restoring Title I educational services to the premises of private religious schools. In commenting on the decision, US Secretary of Education Richard W. Riley stated:  "The Court's decision was not about vouchers.  Under the current Title VI program, no funds go to any private school.  The program remains under public control.  Unlike vouchers, the computers and other instructional materials provided for private school students under Title VI must be supplemental to the basic education that otherwise would be provided for these students.  I do not believe that vouchers are the answer to providing a high quality education for all our nation's children.  Vouchers would make private and parochial schools less private and less parochial."

Sante Fe Independent School District v. Doe US Supreme Court Decision:  On June 19, 2000, in a 6-3 vote, the US Supreme Court held that the Sante Fe school district's policy of permitting student-led, student-initiated prayer at high school football games violated the Establishment Clause of the First Amendment.  Guided by Lee v. Weisman in which the Court held the Constitution guarantees that government may not coerce anyone to support or participate in religion or its exercise or otherwise act in a way that establishes a state religion or religious faith, the Court found the Sante Fe school district's policy of allowing an elected student council chaplain to deliver a prayer over the public address system before the start of home varsity football games to be a public speech solemnizing an event through religious messages.  The Court rejected the District's arguments that its policy was not government coercion because the pre-game messages were of the students' choices and that attendance at an extracurricular event was voluntary as opposed to a graduation ceremony.  Instead, the court held the student-delivered invocations were subject to particular regulations that confined the content and topic of the student's messages and that attendance of some students such as cheerleaders, band members, and team members were in fact mandatory.  Moreover, the Court ruled that the District's election scheme turned the school into a forum for religious debate and empowered the student body majority to subject students of minority views to religious messages.  Thus, in lthe Court's view, the District's policy involved both perceived and actual endorsement of religion through its text and electoral, majoritarian process.  The US Department of Education's guidance on Religious Expression in Public Schools does not address specifically the issue before the Court in this case and leaves open that purely private religious speeches by students are not prohibited by the First Amendment.  As stated by the Court itself in Santa Fe:  "Nothing in the Constitution . . . prohibits any public school student from voluntarily praying at any time before, during, and after the school day."

Boy Scouts of America v. Dale:  On June 28, 2000, the US Supreme Court held that the Boy Scouts of America's First Amendment's right of expressive association protected the group from accepting a member it did not desire, in this case, an assistant scoutmaster of a New Jersey troop who is an avowed homosexual and gay rights activist.  The Court determined that the Boy Scouts of America organization engaged in "Expressive association" when its adult leaders inculcated its youth members with its value system, but that forced inclusion of Dale and his homosexual beliefs and conduct would undermine and contradict the Scouts' values of 'Morally straight" and "clean" behavior in the Scout Oath and Law.  The Scouts' right to oppose or disfavor homosexual conduct would be significantly burdened by the state requirement that the organization retain Dale and that such intrusion, the Court ruled, ran afoul of the organization's freedom of expressive association.
 

June, 2000

Improving America's Schools Conferences:  Each fall, the U.S. Department of Education presents three regional conferences on Improving America's Schools (IAS).  This fall, the conferences will be held in Sacramento, CA (September 18-20); Louisville, KY (October 2-4); and Washington, DC (December 13-15).  The first day of the conference is devoted to program presentations and workshops.  This is the day that you can attend sessions on topics such as Title I, special education, safe and drug-free schools, and technology.  Day two features education reform institutes.  On day two, you can spend an intensive and in-depth day on such topics as reading, mathematics, parent involvement, school safety, and many others.  Day three features critical issues and special interest seminars.  On day three, Michelle Doyle (Director of the USDE Office of Non-Public Education) will be presenting a critical issues session on serving private school students through ESEA programs.  For more information or to register for the conference, visit www.ncbe.gwu.edu/iasconferences

Condition of Education:  The Department released The Condition of Education 2000 on June 1st.  This report shows encouraging trends in American education.  Many of the categories of elementary and secondary statistics break out public and private schools.  The full text of the report is available on line at http://nces.ed.gov    A copy of the report can be ordered by calling 1-877-4ED-PUBS.

College Affordability:  Two opportunities to pay for college are worthy of note.  The Hope Scholarship tax credit provides up to $1,500 in tax relief for the first two years of college.  Be sure your graduating seniors are aware of this program.  Secondly, the Lifetime Learning tax credit provides up to $1,000 in tax relief for juniors and seniors, graduate students, and adults seeking job training.  This credit can be used by your teachers taking additional course work.
 


May, 2000

IDEA:  Many private schools have experienced a great deal of confusion and frustration regarding the availability of services under the Individuals with Disabilities Education Act (IDEA) for private school children with disabilities.  To help clarify the issues surrounding IDEA implementation, the Department's Office of Special Education Programs, with significant input from the Office of Non-Public Education and private school organizations, has released guidelines for IDEA.  The guidelines can be found at www.nichcy.org/new.htm#newpubs

Reading:  The U.S. Department of Education's Reading Excellence Program requires the equitable participation of private school students.  To help clarify just what that means, new guidance has been published.  It is available at www.ed.gov/offices/OESE/REA/guidance.html    Questions D10 through D13 explain how private school children are included in the benefits of the Reading Excellence Program.

School Construction:  "Schools as Centers of the Community: A Citizens' Guide for Planning and Design" provides excellent information for any group planning to design an elementary or secondary school-public or private.  The book takes the reader through design principles and the facilities master planning process, and provides excellent examples of innovative school designs.  This guide is one in a series of publications produced in cooperation with the White House Task Force on Livable Communities.  You can order this publication by calling 1-877-4ED-PUBS.

College:  For students exploring college or career training, sorting through a seemingly boundless universe of data on programs, costs and academic requirements can be frustrating.  Navigating the information maze is now easier with the U.S. Department of Education's new web site, College Opportunities On-Line (COOL).  COOL provides direct information on more than 9,000 U.S. colleges, universities and career schools.  The address is www.ed.gov/ipeds/cool