Major Federal Victory for California’s Private-School Students with Disabilities

U.S. Department of Education orders statewide corrective action under IDEA

On August 3, 2026, the U.S. Department of Education issued its final decision in response to complaints brought by the Archdiocese of San Francisco and the Diocese of San Diego concerning IDEA equitable services for parentally placed private-school students with disabilities.

The decision represents a major victory for California’s private-school community and an important result of ADAC Advocacy’s work with private-school leaders to address longstanding concerns about the implementation of IDEA equitable services.

Most importantly, the Department’s corrective actions extend beyond the districts involved in the original complaints. The California Department of Education must now take statewide action to ensure compliance by LEAs and Special Education Local Plan Areas (SELPAs) throughout California.

 

The Department’s decision requires action in four critical areas:

  • Meaningful Consultation. Private-school representatives must have a genuine opportunity to participate before important equitable-services decisions are made.
  • Child Find & Evaluations. RTI, MTSS, and other general-education interventions may not be used to delay or deny IDEA evaluations.
  • IDEA Proportionate-Share Funding. California must recalculate five years of IDEA proportionate-share funding—from FFY 2021 through FFY 2025—and remedy identified shortfalls.
  • State Complaint Procedures. CDE must strengthen its IDEA complaint process so that material allegations are fully investigated and resolved.

From Decision to Implementation

This decision is an extraordinary advocacy success—but it is also the beginning of the next phase of the work.

ADAC Advocacy will continue working with the California Association of Private School Organizations (CAPSO), California’s private-school community, and the California Department of Education to help ensure that these federal corrective actions produce meaningful and lasting change for students with disabilities.

Acknowledgments

This advocacy effort reflects the dedication of many individuals and organizations. ADAC Advocacy gratefully recognizes the exceptional contributions of Ariella Hellman and Dr. Julie Cantillon, whose leadership, expertise, and partnership were instrumental throughout this work.

References

ADAC Advocacy. (August 18, 2026). U.S. Department of Education orders statewide IDEA corrective action in California [Press release].

U.S. Department of Education, Office of Special Education and Rehabilitative Services. (August 3, 2026). Decision on IDEA complaints submitted by the Archdiocese of San Francisco and the Diocese of San Diego [Letter].

John Elcesser
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