Chapter 9: Students in Private School: Understanding Your Child's Special Education Options - Page 3

2. Students with disabilities placed in private school by their parents after being found IDEA eligible (Unilateral private placement)

Sometimes the parents of a child who is receiving special education at a public school decide to withdraw their child from the public school and enroll him or her in a private school. In such cases, the student is eligible for the provision of special education services at the private school as described in the first category above.

However, if the parents have moved their child for the purpose of obtaining what they consider to be more appropriate special education services and plan to request the public school to pay for the private school tuition, IDEA provides a rigid set of requirements that parents must follow.

If parents choose to place their child in a private school without the school district's agreement, any opportunity to be reimbursed by the school district for the cost of the private school will be severely limited unless the parents provide written notice to the school before removing their child from the public school. Parents who might consider seeking reimbursement for private school tuition should seek additional information from a special education expert to be certain they provide adequate notice to the public school. Contact your state's Parent Training and Information Center for additional information.

3. Students with disabilities placed in private school by the public school district

From time to time, school districts, along with parents, may determine that a student’s need for special education programs and services can only be met by placing the student in a private school. This decision is part of the IEP process and is arrived at after the IEP team has identified the student's present levels of educational performance and developed annual goals, as described in Chapter 7: IEPs.

Private school programs that the school district and parents may determine to be necessary can either be day programs or residential programs. The school district pays all costs involved with such a placement, including tuition and transportation. Students placed in private schools by the school district have the same rights, including the right to a free appropriate public education, as their counterparts attending public schools.

• An Overview of IDEA Parent Guide
• Chapter 1: Pre-Referral Services
• Chapter 2: Response-to-Intervention
• Chapter 3: Referral/Request for Evaluation
• Chapter 4: Procedural Safeguards — Understanding and Exercising Your Legal Rights
• Chapter 5: Evaluation: Learning More About Your Child
• Chapter 6: Eligibility Determination: Determining Your Child's Need for Special Education
• Chapter 7: Individualized Education Programs (IEPs) — Developing Your Child's Education Plan
• Chapter 8: Transition — Planning Your Child's Future Success
• Chapter 9: Students in Private School: Understanding Your Child's Special Education Options
• Chapter 10: Student Discipline — Addressing Serious Behavior Issues and Concerns
• Chapter 11: Dispute Resolution Options — Understanding Your Options for Settling Disputes

Note: The IDEA Parent Guide was created to provide a basic understanding of the key requirements of the federal law under IDEA. The information presented here is not legal advice and should not be used as a legal resource.

About the Author: Candace Cortiella is Director of The Advocacy Institute, a nonprofit focused on improving the lives of people with disabilities through public policy and other initiatives. The mother of a young adult with learning disabilities, she lives in the Washington, D.C., area