• Act 89 Auxiliary Services To Non-Public Schools

    Each year the Pennsylvania budget allocates funds to support auxiliary services for non-public schools under the provisions of ACT 89 of 1975.  CLIU 21 provides services to eligible schools in Carbon and Lehigh counties. Regulations, procedures, and guidelines are issued by the state Department of Education.  The funds are allocated based on the number of students enrolled in private, nonprofit, approved schools, K-12. With these funds, a program of services are designed and built to what best supports all of the students within the nonpublic schools in the Carbon and Lehigh Counties.


    To participate in Act 89, Non-public School Services Programs, eligible schools must apply to:


    Nonpublic and Private School Services Division
    Pennsylvania Department of Education
    333 Market Street
    Harrisburg, PA 17108

    CLIU 21 Act 89 Program Plan

    Remedial Services in Reading and Math:
    The major objective of teachers who provide remedial assistance is to help students maximize academic strengths while overcoming individual learning needs. Individual and small group instruction is aligned with classroom activities. Comprehensive diagnostic assessments utilizing technology and research based programs support student growth.  Standardized test scores, classroom performance, and teacher/principal recommendation are used for this service.

    School Counseling:
    Elementary School Counselors work with students in grades K-8 who are referred for emotional or social concerns which may be interfering with their academic success. Written parental permission is required before a student can be seen individually by a counselor. Secondary School Counselors work with students in grade 9-12.  In order to meet the needs within individual schools, counseling services are offered in the following areas: academic subject, study skills, career needs, college planning, consultation, crisis intervention, developmental programs, personal and preventive contracts, educational referral, and student evaluation. 

    Speech and Language Support:
    Speech and language assessments are used to identify eligible students. Services are designed and individualized to provide therapy for students with language difficulties, articulation, fluency, and voice usage.

    Non-Public Federal Programs

    Title 1, Part A
    CLIU enters into contracts with area school districts to provide remedial services to eligible Title 1 students attending non-public schools.  The educational program is designed to help students meet performance standards in reading.

    Equitable Participation Funding under IDEA (EP)


    The Individuals with Disabilities Act (IDEA), reauthorized in 2004, requires that the Local Education Agencies (LEAs) provide students, unilaterally placed by their parents in private schools, a proportional amount of the LEA’s IDEA Part B funds – in essence an opportunity for Equitable Participation from the benefits of the grant. Equitable participation is a right to receive some benefit from publicly-funded special education programs that applies to nonpublic school students as a group. The provision of federal law requiring equitable participation does not establish an individual entitlement to a particular level or type of service on the part of any particular student.

    The students who comprise the population of students who are eligible to determine the level of proportionate funding are those students who have been evaluated by their local school district and who, through an Evaluation Report (ER), have been determined to have a disability and require specially designed instruction, and whose families have declined the offer of a free, appropriate public education as specified on the Notice of Recommended Educational Assignment (NOREP) and defined in the Individualized Education Program (IEP) developed between the parent and the district of residence.  

     Equitable Participation Services

    The information below describes the model for the distribution of equitable participation funds and procedures for child find and services for those students unilaterally placed in a nonpublic school as developed by the Carbon Lehigh Intermediate Unit (CLIU) and approved through consultation with Nonpublic School Administrators.. If a nonpublic school disagrees with how EP funds are being spent, there is an option to appeal to the State.  

    IDEA 04 requires the local education agency (LEA) to conduct child find activities in nonpublic schools in a similar manner that it conducts child find in public schools. The CLIU EP child find plan will include the following activities:

    • The CLIU will consult with administrators to nonpublic schools in the first quarter of each year.
    • The CLIU will conduct a survey in the first quarter of each school year related to verification of unilaterally placed students.
    • Posters and brochures will be sent to nonpublic schools each year and will be available upon request throughout the year.
    • In-service on child find activities will be made available for all IU nonpublic staff, nonpublic supervisor and other IU staff providing services in the nonpublic schools.
    • The CLIU will share information with a student district of residence via permission forms signed by parents for services provided including IST, Remedial Reading and Math, Speech/Language.
    • The CLIU will annually publicize child find information in local newspapers.

    The total number of students with disabilities eligible for equitable participation is obtained from the information provided by the public schools and the nonpublic schools during the child find activity conducted in the first quarter of the prior school year. It is this number that is used to determine the proportionate amount of funds to be provided for services to students with disabilities in the nonpublic schools. Parents of students with disabilities in other nonpublic school programs in need of services not provided through this Equitable Participation model will be referred to their district of residence for service delivery. 

     The model for distribution of funds recommended and approved by Nonpublic School Administrators is as follows:

    • Mercy Special Learning Center :
      • Consultative or direct services in a group and/or individual setting for:
        • Occupational Therapy
        • Physical Therapy
    • All other Nonpublic Schools:
      • Special Education Teacher Consultation
      • Professional Development
      • Equipment and materials

    To access these Equitable Participation services, the nonpublic school administrator must submit a referral form to the CLIU Special Programs and Services department as per the Equitable Participation referral process. 

     Resources and Forms for Equitable Participation (EP):


    EP IDEA Regulations

    EP Questions and Answers


     For additional information please contact Special Programs and Services at 610-769-4111, 1319.