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Are private elementary and secondary schools whose students or teachers receive equitable services under ESEA or IDEA considered to be “recipients of federal financial assistance”?

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Are private elementary and secondary schools whose students or teachers receive equitable services under ESEA or IDEA considered to be “recipients of federal financial assistance”?

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No. Private schools whose students and teachers receive equitable services under ESEA or IDEA are not considered recipients of federal financial assistance. These programs are considered to be operated for the benefit of students and teachers in private schools, not for the benefit of the private schools themselves. As a result, certain requirements that apply to recipients (which may include certain civil rights requirements and the military recruiter requirements discussed in question 10) do not apply to private schools by virtue of their students or teachers receiving equitable services under ESEA or IDEA. However, if a private school otherwise receives federal financial assistance, including a grant or subgrant of federal funds to implement a federal education program, the school would be considered a recipient. If a private school is a recipient of federal financial assistance, that school is subject to the federal civil rights laws prohibiting discrimination based on race, color,

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