ED Issues New Guidance on Equitable Services

August 25, 2025

The U.S. Department of Education issued a that outlines responsibilities of States and districts in providing services to students and teachers in private schools and highlights some flexibilities in how entities may go about doing so.

The letter reiterates many of the requirements for equitable services under Title I of the ESEA including the importance of consultation by school districts with their non-public schools. It encourages States to make guides or rubrics to be used during the consultation process, and to provide a clear complaint process for parents and others.

Additionally, the letter encourages LEAs to consider programs where parents might have the opportunity to choose from a range of options for services, including tutoring, before- and after-school programs, summer school, computer-assisted instruction, or family literacy. In order to promote flexibility, the letter encourages States and districts to consider pooling, working with third-party providers, and working with providers across State or district boundaries, as well as having the State provide services directly.

The letter states that families of students attending a private school are still Federal taxpayers and that this means that students in private schools are eligible recipients of services, similar to those provided to their public school peers using Federal funding.