The Law (P.L. 107-110)

For over fifty years, Title I, Part A services to eligible private school students has been a part of ESEA law and has survived several Supreme Court challenges and multiple reauthorizations, including the current No Child Left Behind (NCLB) Act of 2001.

The requirement for providing services to eligible private school students is stated in
ESEA Section 200.62, as amended by NCLB. The language of the law states that the
Local Education Agency school district MUST:

(a) After timely and meaningful consultation with appropriate officials of private schools:

(1) In accordance with subsections 200.62 through 200.67 of the ESEA, provide special educational services or other benefits under subpart A of this part, on an equitable basis and in a timely manner, to eligible children who are enrolled in private elementary and secondary schools; and

  

(2) Ensure that teachers and families of participating private school children participate on a basis equitable to the participation of teachers and families of public school children receiving these services in accordance with subsection 200.65.

  

 

 

 



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