IEP Students in Your Microschool: What You Can Honestly Promise¶
Last updated: July 23, 2026
The email reads something like this: "We've heard great things about your school. Our daughter has an active IEP for speech therapy and reading support. Would she be a good fit?"
You read it twice. Your instinct is to say yes. But something makes you pause, because you realize you don't actually know what saying yes would mean. Does your microschool have to follow the IEP? What happens to her services once she's no longer in the public school? What can you realistically promise this family without overpromising?
That pause is the right instinct. Founders who skip it sometimes commit to services they're not staffed to deliver. Founders who panic at the mention of an IEP turn away families they could genuinely serve well. This post is for the space in between: what you need to know before you pick up the phone.
One note upfront: this is an orientation, not legal advice. The framework here is real and verifiable, but specific situations can get complicated quickly. If a family's circumstances feel legally complex, point them toward a special education attorney. What follows is a working knowledge base for a founder who wants to have an honest, informed enrollment conversation.
What IDEA does and doesn't require from a private microschool¶
IDEA, the Individuals with Disabilities Education Act, is the federal law governing special education services for children with disabilities. It is also, specifically, a mandate on public school districts.
When IDEA guarantees a child with a disability the right to a Free Appropriate Public Education, that right exists within the public education system. The obligation lives with the local education agency, which is what the law calls school districts. When a family voluntarily chooses to enroll their child in a private school, the district's obligation to implement that child's IEP does not travel with the child.
This is spelled out at 20 U.S.C. § 1412(a)(10)(A), which addresses voluntary private-school enrollment specifically. The private school the family chooses has no legal obligation to follow the IEP document, deliver the services it specifies, or hold IEP review meetings.
This is not a loophole or an oversight. It is what the law says. And it is not the same as saying the family has no rights at all.
What this means for your microschool, in concrete terms:
- You are not required to implement the IEP
- You are not required to staff the services the IEP describes
- You are not required to hold IEP meetings or revise IEP goals
- You are not required to track progress toward IEP objectives and report to the district
A brief note on Section 504 of the Rehabilitation Act: it operates under different principles and applies to schools receiving federal funds. Most private microschools do not receive federal funds, which means Section 504's accommodation requirements generally don't apply either. That is a real but separate topic this post won't cover in depth.
Being clear about what you're not required to do is not unkind. It is the honest foundation of a conversation that actually helps a family decide whether your school is the right fit for their child.
The one-sentence version for your enrollment call: "Our school isn't required to implement your child's IEP, but your district still has obligations to her, and I can help you understand what to ask them for."
What the district still owes: child-find and equitable services¶
Here is the part most families don't know, and what changes the enrollment conversation. Even after a child leaves the public school and enrolls in a private microschool, the local school district retains two specific obligations under IDEA. Knowing both puts you in a genuinely useful position.
Child-find (IDEA Sec. 300.131)
Every school district in the country is required to identify, locate, and evaluate all children with suspected disabilities in its jurisdiction, including children enrolled in private schools. This is the child-find obligation.
What this means in practice: a family can request a child-find evaluation from their local district even after their child is enrolled in your microschool. The district must conduct that evaluation at no cost to the family, following the same procedural safeguards and timelines that apply to any other child. If the child is found eligible, a services conversation follows.
This matters especially for families who arrive without a prior evaluation. Some parents had a sense that something was going on, left the public school before a formal evaluation happened, and are now wondering whether the microschool can help. The answer in those cases: the district still has to evaluate the child if the family requests it, regardless of where the child is currently enrolled. That is worth knowing.
Equitable services and proportionate share
If a privately enrolled child is found eligible through a child-find evaluation, the district must offer "equitable services" funded through what the law calls "proportionate share." This is a slice of the district's federal IDEA Part B funds, allocated based on the proportion of private-school students in the district.
Honesty matters here. The proportionate share is typically small. The federal formula divides a modest per-pupil Part B amount across the district's private-school student population. In practice, equitable services usually amounts to one or two service sessions per week. That is the realistic scope of what the law provides. It is not a full IEP program. Naming this clearly saves a family from expecting something the district can't deliver under this provision.
| District obligation | What it usually looks like in practice |
|---|---|
| Child-find evaluation (Sec. 300.131) | Free evaluation; family must request it from the district |
| Equitable services (34 CFR § 300.133) | Often 1 to 2 service sessions per week, not a full IEP |
| Service delivery location | Frequently at the district office; on-site at your microschool depends on district willingness |
| Parental consent required | Family must opt in; the district cannot compel participation |
Your role in this is limited, and that is fine. You don't arrange these services. The district does. The most useful thing you can do is know the name and contact for your local district's Special Education Director, and be willing to share that contact with families who ask. If the district is willing to send a provider to your space to deliver sessions, be open to it.
That is more help than most families expect from a private school. And it costs you nothing but a phone number.
Where ESA programs are filling the gap¶
Education Savings Account programs are state-funded accounts that allow families to use public dollars to purchase approved educational services outside the public school system. A growing number of states have extended ESA-eligible expenses to include therapy and specialist services for students with disabilities, which changes the practical picture for families whose district equitable services are limited.
How ESAs work in general is covered in NavEd's ESA state guide. What matters for this enrollment conversation is the disability-services piece specifically: which states allow ESA funds to pay for therapy, and what that means for a microschool founder.
Three states with confirmed disability-services ESA coverage for the 2025-26 school year:
| State | Program name | Disability services covered |
|---|---|---|
| Arizona | Empowerment Scholarship Account (ESA) | Speech therapy, occupational therapy, ABA, specialized instruction |
| Florida | FES-UA (Family Empowerment Scholarship for Unique Abilities) | Speech, OT, PT, ABA, psychological services; designed specifically for students with disabilities |
| Arkansas | LEARNS Act ESA | Accredited specialist services for students with disabilities; explicitly added for 2025-26 |
Other states have ESA programs with partial or unclear disability-services coverage. North Carolina's Opportunity Scholarship does not specifically target disability services. Georgia's Special Needs Scholarship is a voucher program that covers tuition but has limited therapy coverage. ESA approved-expense lists change from year to year and state to state. If your state is not on the list above, check the current approved-expense document for your specific program before confirming anything to a family.
What this means for a microschool founder is straightforward: you are not the service provider. You are the consistent educational environment. If a family has ESA funds for an outside speech therapist or occupational therapist, they may be able to bring that provider to your space during the school day. You provide the context and the schedule; the specialist delivers the service.
This is a workable arrangement. Some founders have a therapist come in one morning a week to see two or three students back to back. The families coordinate the scheduling; the founder provides the room and the continuity. Nothing elaborate is required.
What you should not do: promise that your microschool will "accommodate the IEP" or "follow the plan informally." That language implies service delivery you may not be staffed or trained to provide, and creates expectations a family may reasonably hold you to later. What you can honestly promise is consistency, documentation of the child's daily experience, and openness to outside providers. That combination is both accurate and genuinely useful to families navigating this situation.
The honest enrollment conversation: phrases that actually work¶
Here is language for the phone call you've been putting off. Not a legal disclaimer script. Real sentences that are accurate, warm, and give the family something to work with.
Phrases that are honest and helpful
On the IEP itself: "We're not set up to implement your child's IEP the way a public school would. That's not something private schools are required to do, and I'd rather be upfront about that than overpromise."
On child-find: "Your district is still required to evaluate your daughter if you request it, even after she's enrolled here. I can help you find the right contact at your district office if you haven't started that process yet."
On ESA funds and outside services: "If you're using an ESA that covers therapy or specialist services, we're open to having an outside provider come to our space during the school day. That's an arrangement that works for some families."
On hybrid enrollment: "Some families in your situation stay enrolled part-time with the district specifically for IEP services and come to us for the rest of the day. That's a real option in some states. Worth asking your district whether it's possible."
Three things not to say:
"We follow IEPs informally." This implies service delivery you're not staffed to provide. A family will hear it as a commitment.
"We'll do our best to honor it." This is vague enough that a family may hear a promise that wasn't made.
"We have experience with IEP students." Unless you have specific training and staffing in place, this sets expectations you may not be able to meet.
The honest answer is not a rejection. It is an accurate picture of what the family can expect from three places: your microschool, their district, and any outside provider they're funding through an ESA. When a family understands all three pieces, they can make a real decision about whether your school is the right fit. That is the actual goal of the call.
Keeping track of who's doing what¶
When a student in your microschool is also receiving equitable services from the district and weekly sessions with an ESA-funded occupational therapist, three providers are contributing to her week. None of them sees the full picture. You do.
A simple service log in the student's record, noting provider name, service type, and frequency, gives the family a coherent view at the end of the term. It also gives you something accurate to reference when they ask in March whether the speech sessions are still happening, or when they want to know how the year went overall.
This is not an IEP. It is a note. But it matters when you want to give a family a real answer instead of a guess.
In NavEd, I note external services in a student's profile alongside attendance and grades. Nothing elaborate: provider name, what kind of session, how often. Just enough that the family sees the full picture at a term-end review, and just enough that I can reconstruct what was happening during the year if I need to. If you're managing students with services coming from multiple sources, that is a practical starting point before you build out something more formal.
Frequently asked questions¶
Do private microschools have to follow a student's IEP?¶
No. IDEA's IEP requirements apply to public local education agencies, not private schools. When a family voluntarily enrolls their child in a private microschool, the microschool has no legal obligation to implement the IEP document, deliver the services it specifies, or hold IEP review meetings. The obligation to provide a Free Appropriate Public Education lives with the district, not the private school.
Can a family with an active IEP still request services from their public school district after enrolling in a microschool?¶
Yes. Under IDEA's child-find provisions (Sec. 300.131), school districts must identify and evaluate all children with suspected disabilities in their jurisdiction, including those enrolled in private schools. Families can request an evaluation or equitable services from their district even while their child is enrolled in a private microschool. The family initiates it; the district is required to respond.
What are equitable services, and how much do they typically amount to?¶
Equitable services are the supports a district must offer to private-school students with disabilities using a proportionate share of federal IDEA Part B funds (34 CFR § 300.133). In practice, this often amounts to one or two service sessions per week, not a full IEP program. The exact amount depends on how many private-school students are in the district and the district's total Part B allocation. It is a real benefit, but families who expect a full IEP replacement will need a more accurate picture of what proportionate share actually provides.
Can ESA funds pay for therapy services if the district isn't providing enough?¶
In some states, yes. Arizona, Florida, and Arkansas (starting 2025-26) explicitly allow ESA funds to cover therapy and specialist services for students with disabilities. What's covered varies by state program and changes over time. Check your state's current approved-expense list before confirming anything to a family, because the list for last year may not reflect what's approved today.
What if a family's child needs more support than my microschool can realistically provide?¶
Be honest early in the conversation. Some families choose a hybrid arrangement, keeping the child enrolled part-time with the district for IEP services and attending the microschool for the rest of the day. That is a real option in some states and worth raising as a possibility. Name it as one option among several, not as a recommendation, and let the family decide whether it fits their situation.
If you're managing students with services coming from multiple sources, NavEd's free tier is a practical starting point for keeping attendance, grades, and external service notes in one place. No learning curve. Start free.
For the full picture on which ESA programs cover disability services in your state, the ESA state guide has the breakdown.