Summary—WITHDRAWN

TOPIC ADDRESSED: Free Appropriate Public Education
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility

This letter was originally circulated decades ago as stakeholder correspondence addressing specific school-choice programs involving student vouchers. The letter reached conclusions under Section 504 and the regulation in 34 C.F.R. § 104.39(a) that State Education Agencies (SEAs) are responsible for ensuring that private schools accepting state-funded vouchers were subject to parts of Section 504, despite not receiving federal funds. This letter appears to establish a legislative rule, interpreting requirements under Section 504 that was not subjected to any public or stakeholder comment.  Accordingly, the Department of Education has decided to withdraw this letter. However, the withdrawal of these letter does not alter or affect the obligation of schools to provide equitable services to children with disabilities who are parentally placed in private schools and participating in state voucher programs. Such students may be eligible to receive special education and related services under the Individuals with Disabilities Education Act (IDEA), formerly the Education of the Handicapped Act (EHA). Additional information clarifying IDEA’s requirements and the role and responsibility of local educational agencies to provide such services to parentally placed students, including students participating in state operated voucher programs, is forthcoming.