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FIRST ON FOX – The Trump administration is rolling out what will be the fourth legal pathway for bolstering school choice nationwide as the U.S. Department of Education aims to hand back powers to the states – before ultimately dismantling itself.
The department on Thursday issued what is referred to as a “Dear Colleague Letter to State and Local Education Agencies,” providing additional guidance to help state and local school districts better serve students who attend private schools but who are still eligible for federally funded academic support. The letters aim to explain “more efficient and effective ways to best meet students’ needs.”
Under the Elementary and Secondary Education Act (ESEA), eligible private school students are entitled to Title I-A funded equitable services, which can include one-on-one tutoring, summer school programs or counseling programs.
Since its passage in 1965, private school students and teachers have been eligible to participate in federal education programs sponsored under the law. The department said lawmakers determined that ESEA programs benefit children – as opposed to schools – and if a child is eligible, he or she may receive program services. Though Title I-A funds don’t go to private schools, their students and teachers may still receive services provided or facilitated through the local educational agency (LEA).
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Education Secretary Linda McMahon outside the White House on Tuesday, July 15, 2025. A sharply divided U.S. Supreme Court let President Donald Trump resume dismantling the Department of Education. (Al Drago/Bloomberg via Getty Images)
The department notes that private school families are federal taxpayers and their students, therefore, are eligible recipients of services similar to their public school peers using federal funding. The letters also point out that private school students generate a proportion of the Title I-A federal funding that local education agencies receive. The Department of Education said those agencies are encouraged to work with private school officials to identify ways to best support eligible students.
“It has been a banner year for school choice – from President Trump’s One Big Beautiful Bill federal school choice tax credit to the Department’s guidance to states on how to expand choice under existing law, the Trump Administration is using all available tools to expand school options for students and parents,” Department of Education deputy press secretary Ellen Keast said in a statement to Fox News Digital. “President Trump and Secretary McMahon are working to ensure every child has access to an excellent education that best fits their unique learning needs.”
“Federal taxpayer dollars should support the best education outcomes for students regardless of where they attend school,” Acting Assistant Secretary for the Office of Elementary and Secondary Education Hayley Sanon said in a statement. “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,” Sanon added.
Thursday’s letters are considered the fourth piece of guidance the Department of Education has issued on expanding education choice options under ESEA.
President Donald Trump campaigned on dismantling the Education Department. (Andrew Harnik/Getty Images)
In late March, the Department of Education issued guidance encouraging states to use federal Title I funds to expand school choice options for families. That letter highlighted ways states and local districts can reserve funds for direct student services such as advanced coursework, tutoring, dual enrollment and career training, giving parents more say in their children’s education.
Department officials said the move was part of a broader effort by the Trump administration to increase flexibility and support for families seeking personalized learning opportunities.
Sanon sent another letter in May urging states to strengthen how they identify and respond to unsafe schools, highlighting provisions in federal law that require students in persistently dangerous schools – or those who are victims of violent crimes at school – to be offered safer alternatives. The department noted that very few schools are formally designated as unsafe despite widespread reports of violent incidents, and Sanon urged states to adopt stronger definitions, improve data collection, and expand school choice options, including transfers and charter schools. The guidance was billed as part of the Trump administration’s broader effort to ensure parents can choose safe learning environments for their children.
The Department of Education is handing powers back to state and local school districts. (iStock)
In June, the Department of Education also encouraged states and districts to expand school choice options for families in schools identified as low-performing under federal law. The guidance outlines how local education agencies can use federal Title I funds to support improvement plans that include parent-selected options such as tutoring, dual enrollment or career training – and even allow transfers from chronically struggling schools. Again, the Trump administration billed the initiative as part of a broader effort to give parents more meaningful input in their children’s education and ensure access to higher-quality learning opportunities.
The U.S. Supreme Court cleared the way for Education Secretary Linda McMahon to fire hundreds of employees last month, a move that advances President Donald Trump’s plans to dismantle the department. As Trump campaigned on shutting the department down and outsourcing some of its responsibilities to other agencies, McMahon has said its “final mission” is to hand back educational powers to the states.
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Trump celebrated last month’s ruling on social media, writing: “The Federal Government has been running our Education System into the ground, but we are going to turn it all around by giving the Power back to the PEOPLE.”
