The U.S. Department of Education has released new guidance to state and local education agencies on how to provide equitable services for private school students more efficiently under the Elementary and Secondary Education Act (ESEA). The guidance, detailed in a Dear Colleague Letter, outlines strategies for ensuring that eligible private school students receive Title I-A funded services such as tutoring, summer programs, or counseling.
Since ESEA’s enactment in 1965, private school students and teachers have been allowed to participate in federal education programs. These programs are intended to benefit children directly. While private schools do not receive Title I-A funds, their eligible students and teachers can access federally funded services through local education agencies.
The Department emphasized that families with children in private schools contribute as federal taxpayers and their children generate a portion of the Title I-A funding received by LEAs. LEAs are encouraged to collaborate with private school officials to determine how best to support these 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 marks the fourth set of guidance from the Department aimed at expanding educational choice under ESEA this year. Previous releases addressed Direct Student Services (March 31, 2025), Persistently Dangerous and Unsafe Schools (May 7, 2025), and Title I School Improvement Provisions (June 26, 2025).
The letter reminds agencies that ESEA section 1117 requires LEAs receiving Title I funds to offer equitable services to eligible children living within participating public school attendance areas who attend private schools. According to federal regulations, these eligible children must reside in those areas—even if their chosen private school is located elsewhere—and be identified as low achieving.
LEAs must consult with private school officials when designing equitable service programs, ensuring all activities are secular, neutral, and nonideological as required by law. In cases where a private school's student body comes from multiple districts, state educational agencies may assist local agencies in operating more streamlined programs.
The guidance also details circumstances under which state agencies may help facilitate these services if necessary.
