DOE Issues Guidance on School Choice

On August 21, 2025, the U.S. Department of Education released updated guidance to state and local education agencies (LEAs) on providing services to eligible private school students under Title I-A of the Elementary and Secondary Education Act (ESEA). The guidance, issued through a Dear Colleague Letter, addresses services that may include tutoring, summer school, and counseling.

The guidance states that private schools do not receive Title I-A funds directly; instead, LEAs deliver services to eligible students and teachers. These students generate a portion of the Title I-A funding received by LEAs, and families of private school students are federal taxpayers. LEAs are encouraged to consult with private school officials to design programs that best meet student needs. According to the guidance, services must be secular, neutral, and nonideological, and should be tailored to improve academic achievement among low-achieving students residing in participating public school attendance areas.

The Department addressed the role of state education agencies (SEAs) in facilitating services when students from a single private school reside in multiple LEAs. In such cases, SEAs may support LEAs in coordinating service delivery to reduce administrative burdens and ensure consistent access for eligible students. The guidance outlines specific regulatory requirements under 34 C.F.R. § 200.62(b)(1) and ESEA section 1117(a), and the legal obligation of LEAs to provide equitable services regardless of the location of the private school.

https://www.ed.gov/media/document/dear-colleague-letter-equitable-services-school-choice-guidance-august-21-2025-110531.pdf

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