Proposed Education Scholarship Account Service Plan Rule

Eligibility for the Education Scholarship Account (ESA) program requires that a student have an Individualized Education Program (IEP), service plan, or Choice Special Education Plan (CSEP).  A student who is eligible for special education under Article 7 and has a current plan in place for the provision of special education and related services can use ESA funds to help pay for services identified in the IEP, service plan or CSEP.

However, after the initial year of ESA eligibility, these plans will lapse and no longer be current.  An ESA education service plan will need to be developed for the student.  Because the public educational agency is required to provide free appropriate public education, an IEP typically provides a greater level of services than either a service plan or CSEP.  

Therefore the proposed rule for the ESA education service plan development uses the IEP as the basis for the plan.  Additional clarifications can be found in this memo.  Email the Office of Special Education with questions.