On August 3, 2026, the U.S. Department of Education issued the following letter addressing local education agency (LEA) requirements for parentally placed private school children with disabilities. Choice scholarship students with disabilities, including students receiving special education services through a CSEP, must be considered by the LEA when determining how it will expend its IDEA proportionate share. Through the timely and meaningful consultation process, the LEA consults with representatives of participating non-public schools and parents regarding key issues relating to the equitable participation of eligible students, as outlined in 34 C.F.R. § 300.134. A school corporation within whose boundaries the Choice school is located may choose, but is not required, to expend part of the proportionate share of federal special education funds on services to Choice scholarship students (511 IAC 7-49-10 (b)).
IDOE will provide additional guidance to practitioners as it relates to the letter and IDEA requirements in the near future. Additionally, IDOE’s Office of Special Education will host a series of regional convenings beginning in September, which will include topics such as proportionate share. For more information on these convenings, please click here. Directors may also find training slides related to proportionate share in Moodle (Office of Special Education Community -> Fiscal -> Part B-> Presentations) or participate in any of our regularly scheduled office hours for support.
