Equitable Services Requirements Under Titles I and VIII
New ESSA Requirement: The Ombudsman
To help ensure
equitable services and other benefits for eligible private school
children, teachers and other educational personnel, and families, an SEA
must designate an ombudsman to monitor and enforce ESEA equitable
services requirements under both Title I and Title VIII. (ESEA sections
1117(a)(3)(B) and 8501(a)(3)(B).)
What are the roles and responsibilities of an ombudsman?
An ombudsman should serve as an SEA’s primary
point of contact for addressing questions and concerns from private
school officials and LEAs regarding the provision of equitable services
under Titles I and VIII. In addition, the ombudsman is required to
monitor and enforce the equitable services requirements under Titles I
and VIII and, thus, should have a significant role in the State’s
monitoring process. Furthermore, the ombudsman should ensure that
private school officials know how to contact the ombudsman. The
following are examples of activities the ombudsman could undertake in
fulfilling the roles and responsibilities of the position:
- Serve as a general resource regarding equitable
services requirements for both LEAs and private school officials, which
may include conducting initial outreach to define the contours of the
ombudsman’s responsibilities.
- Develop, in partnership with other relevant SEA
staff, monitoring protocols applicable to the provision of equitable
services and participate in a sample of any monitoring activity.
- Provide technical assistance regarding
equitable services requirements for SEA staff administering applicable
programs, LEA staff, and private school officials.
- Establish a process for receiving documentation
of agreement from LEAs consistent with the consultation requirement
that the results of such agreement shall be transmitted to the
ombudsman. (ESEA section 1117(b)(1).)
- Participate in the State’s Title I Committee of
Practitioners (ESEA section 1603(b)) and, as applicable, nonpublic
schools working group.
What specific responsibilities does an ombudsman
have with respect to monitoring and enforcement?
The primary
responsibilities of an ombudsman are to monitor and enforce the
equitable services requirements in Titles I and VIII. Accordingly, an
ombudsman should work with SEA staff administering Title I and programs
covered under Title VIII to develop monitoring protocols applicable to
the provision of equitable services under each program. To ensure that
monitoring protocols are being followed, the ombudsman should take an
active role in the monitoring process, particularly with respect to the
resolution of any findings regarding equitable services requirements
under Titles I and VIII. The ombudsman also should serve as the primary
point of contact for responding to and resolving any complaints
regarding equitable services that the SEA receives under its ESEA
complaint procedures.