U.S. Department of Education Issues Equitable Service School Choice Guidance

Today, the U.S. Department of Education issued a Dear Colleague Letter to State and Local Education Agencies (LEAs) with additional guidance on how they might provide equitable services for students enrolled in private schools in more efficient and effective ways to best meet students' needs. Under the Elementary and Secondary Education Act (ESEA), eligible private school students are entitled to Title I-A funded equitable services. Equitable services can include one-on-one tutoring, summer school programs, or counseling programs.

Since the passage of ESEA in 1965, private school students and teachers have been eligible to participate in Federal education programs sponsored under the Act. Lawmakers determined that ESEA programs benefit children (as opposed to schools) and if a child is eligible, he or she may receive program services. Private schools do not receive Title I-A funds but, rather, their students and teachers may receive services generally provided and/or facilitated through the LEA.

Families of students attending private schools are Federal taxpayers and such students are eligible to receive services similar to their public school peers using Federal funding. Further, students in private schools generate a proportion of the Title I-A Federal funding that LEAs receive. LEAs are encouraged to work with private school officials to identify ways to best support eligible students.

"Federal taxpayer dollars should support the best education outcomes for students regardless of where they attend school," said Acting Assistant Secretary for the Office of Elementary and Secondary Education Hayley Sanon. "The Trump Administration is committed to expanding education choice and ensuring parents can choose an education option that is best for their child. Improving how equitable services are provided means students in private school can have access to services and supports that best meet their unique learning needs."

This is the fourth piece of guidance the Department has issued on expanding education choice options under ESEA. Previous guidance includes:

This is the fourth piece of guidance the Department has issued on expanding education choice options under ESEA. Previous guidance includes:

• Direct Student Services (March 31, 2025);
• Persistently Dangerous and Unsafe Schools (May 7, 2025); and
• Title I School Improvement Provisions (June 26, 2025).

Background:

Today's Dear Colleague Letter reminds State and Local Education Agencies that ESEA section 1117 requires an LEA that receives Title I funds to provide equitable services to eligible children who reside in the LEA's participating public school attendance areas and attend private schools. Under 34 C.F.R. § 200.62(b)(1), eligible private school children are those who reside in a participating public school attendance area (regardless of whether the private school they attend is located in the area) and are low achieving.

In consultation with private school officials, an LEA must design an equitable services program under ESEA section 1117(a) that provides secular, neutral, and nonideological activities to improve the academic achievement of participating private school students.

If a private school's students reside in multiple LEAs, state educational agencies (SEAs) can support LEAs to operate more efficient and effective equitable services programs to ease burdens on parents, eligible private school students, private school officials, LEA officials, and education service providers.

While ESEA requires that LEAs provide equitable services, the letter describes the certain circumstances under which an SEA may facilitate the provision of services.

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