Part B – Allocation of IDEA Part B Subgrants to LEAs
Letter to Simonson
This letter reiterates a previous conclusion from OSEP and Office of Elementary and Secondary Education (OESE) that for-profit charter schools are not eligible to receive funds under the IDEA or Title I, Part A of the Elementary and Secondary Education Act (ESEA). Under Arizona state law, both for-profit and nonprofit charter schools function as LEAs in the state; however, based on the definitions of “elementary school” and “secondary school” in both ESEA and IDEA, the letter concludes that for-profit charter schools are not eligible subrecipients as LEAs because they do not have direction or control of a school that meets the federal statutory definition of elementary or secondary school.
Office of Elementary and Secondary Education (OESE)Office of Special Education and Rehabilitative Services (OSERS)U.S. Department of Education