Title V, Part A Purchased Equipment
Disposition of Equipment in Private Schools
April 15, 2009
The fiscal year 2007 funds that states and school districts received under Title V, Part A of the Elementary and Secondary Education Act remain available for obligation through September 30, 2009. After that time, unless Congress makes an additional appropriation, there will be no funding available for that program.
Under Title V-A, school districts are responsible for providing equitable services for the benefit of non-public school students. The Title V-A statute and the Education Department General Administrative Regulations (EDGAR) require that the
school district maintain title to, and administrative control over, any materials and equipment acquired with program funds for the purpose of providing Title V-A services to private school students. (20 U.S.C. § 7212a(c)(1); 34 CFR § 76.661)
ED has identified two options that school districts may utilize concerning the materials and equipment purchased with Title V-A funds that are housed in private schools for use by private school students/ teachers. Prior to selecting an option, school districts must engage in timely and meaningful consultation with private school officials in order to ensure that the needs of private school students/teachers have been adequately addressed.
The school district may allow materials and equipment to remain in a private school for the benefit of the school’s students under a continuing activity authorized by Title V-A (even though that activity will no longer be funded under Title V-A). Under those circumstances, the materials and equipment must be used for the current Title V-A purposes. If there is no continuing Title V-A activity, then the equipment may be used for other activities currently or previously supported by the Federal Government that the school district is implementing for the benefit of the private school students. Please note that ED programs should be given priority in the later instance (34 CFR § 80.32(c)).
School districts must keep the materials and equipment on their inventories and monitor their use. School districts should obtain official written assurance, from the appropriate private school, that equipment and materials placed in the private school will be used only for secular, neutral and non-ideological purposes; that private school personnel will supplement, and in no case supplant, the equipment and materials that, in the absence of the Title V-A program, would have been made available for the participating students.
School districts may dispose of the equipment placed in private schools. Under EDGAR (34CFR § 80.32(e)), if the equipment is no longer needed for the current project or another Federal program and its per-unit fair market value is less than $5,000 the school districts may retain, sell, or otherwise dispose of the equipment. EDGAR at CFR § 80.32 (e) also provides instructions on what to do if the fair market value is more than $5,000. Under this option, a school district could sell some or all of the materials or equipment to private school for its fair market value.
If you have any questions about this matter, contact Gayle Pauley, Director Title I/LAP and Consolidated Program Review at the Office of Superintendent of Public Instruction at 360-725-6100 or email at