Private Special Education and Reimbursement FAQ

Navigating the world of education for a child with a disability can be complex. In some cases, public schools may not fully meet the individual educational requirements of these students. This may lead families to explore alternative solutions, such as private schools. Private schools can offer specialized methodologies. They can also offer religious or cultural aspects. Or, they may simply provide a more personalized approach to education.

Yet, the costs associated with private school tuition and related expenses can be significant. This can be especially true for families managing the demands of caring for a child with a disability. 

Families often explore the possibility of seeking reimbursement to address this financial aspect. Some families can receive reimbursement for accessible education in certain cases. Laws and schools may use outdated terms like "special needs" and "special education," which can be stigmatizing to students. The preferred terms include "accessible education" and "individual education."

In this FAQ-style article, we will aim to address your questions about reimbursement.

• What is an individual education reimbursement?
• Do public schools have to offer individual education programs?
• Can I send my child to a private school and expect reimbursement?
• What happens if the school and I disagree on whether they are providing "appropriate" services?
• Will there be an evaluation of my child?
• How do private school tuition costs compare to public school?
• Does the IDEA apply to private schools?
• If private schools don't offer individual education, is that discrimination?
• What accommodations must private schools make for students with disabilities?
• Which disability services may be eligible for reimbursement? Is there a limit to private accessible education reimbursement?
• How do I seek reimbursement for individual education at a private school?
• How do I get legal help with individual education reimbursement?

What is a special education reimbursement?

An individual education reimbursement refers to the process by which parents seek financial compensation for the costs associated with their child's private accessible education services. This typically occurs when parents believe that the public school system has not met their child's individual needs. This may lead parents to enroll their child in a private school. This school may offer education services that suit the child's needs better.

To seek reimbursement, parents must prove their case through legal channels. They must prove their child's public school has failed to provide an appropriate education. Free appropriate public education (FAPE) is required by law. Reimbursement can help ease the financial burden of private tuition and related expenses. This helps ensure that every child has access to the education they are entitled to.

Do public schools have to offer individual education programs?

Yes. Federal law mandates that public schools provide accessible education services. These services must be provided to children with disabilities. The Individuals with Disabilities Education Act (IDEA) codifies this mandate. This law secures services to children with disabilities throughout the nation. IDEA governs how states and public agencies provide early intervention. It addresses individual education and related services to children and youth with disabilities.

IDEA offers Individualized Education Programs (IEPs) for eligible students. These programs help ensure students receive tailored education and support. IDEA also imposes the principle of the "least restrictive environment" (LRE).

To abide by IDEA, schools should try to educate children with disabilities in the least restrictive environment possible. This means that, to the maximum extent possible, these students are to have classes with their peers. This is usually within general education classrooms.

As noted above, the general rule is that a school must provide the student with free appropriate public education. Unfortunately, in some instances, certain schools fail to provide students with FAPE. This may occur due to resource limitations or lack of support and services. Or, it could stem from a failure to develop and implement an IEP that meets the child's specific needs.

When FAPE is not provided, it can hinder educational progress. It can also negatively impact the well-being of students with disabilities. This creates the need for legal intervention and advocacy to uphold their rights. If the school district does not provide FAPE, parents can enroll the child in a private school and ask for tuition reimbursement, which may or may not be granted. This tuition must be for an institution with accessible education services that meet the child's needs.

Can I send my child to a private school and expect reimbursement?

Not necessarily. Private school placement and reimbursement for individual education can be possible in some cases. These are cases where a school cannot adequately meet your child's needs. But, navigating this process can be complex. It's also not guaranteed that you can receive a reimbursement.

A relevant case here is the Board of Education of the Hendrick Hudson Central School District v. Rowley (1982). This case is a landmark Supreme Court case that set a significant precedent in education law. The case concerned a deaf student whose parents sought a sign language interpreter in a public school. The court held that public schools do not have to provide the best possible education or services for students with disabilities.

Instead, schools must provide an "appropriate" education. This education should be sufficient to meet the child's individual needs. It should also be enough to allow them to make meaningful educational progress. If your public school officials can provide such "appropriate" services, you would not be able to receive reimbursement. In other words, you would not receive compensation for sending your child to a private school.

What happens if the school and I disagree on whether they are providing appropriate services?

If you disagree with the services provided to your child, there are legal mechanisms to address such disputes. You have the right to request an IEP meeting to discuss your concerns and attempt to reach an agreement. If an agreement cannot be reached through the IEP process, you may pursue formal dispute resolution procedures.

IDEA also sets up a due process hearing, where parents can resolve disputes with the school district. A due process hearing is a court-like review governed by administrative laws. Generally, parents can receive reimbursement based on a three-prong test, which includes whether the school district cannot prove that its program provides FAPE, whether the parents can prove that the private placement is appropriate for the child, and whether the equities favor reimbursement.

This legal process aims to ensure your child receives the education and services they need. It also provides a means to resolve disagreements.

Will there be an evaluation of my child?

Yes. Your child will be evaluated if they are receiving individual education services. This evaluation is crucial in determining your child's educational needs. It is also important to craft an IEP tailored to address those needs.

The IEP team consists of educators, specialists, and parents. They play a vital role in the evaluation process. The team will gather and review various assessments and information. They will assess your child's abilities, strengths, and challenges. Together, they will create an IEP plan that aims to meet your child's needs.

As a parent, you might disagree with the school's initial evaluation and your child's IEP. You have the right to request an independent educational evaluation (IEE). A qualified professional not employed by the school district conducts the IEE. Essentially, this is an independent reevaluation of your child.

How do private school tuition costs compare to public school?

Private school tuition can significantly differ from the costs associated with public education. Taxpayers typically fund public education. The federal and state governments provide this at no direct expense to parents. In contrast, private school tuition is often the responsibility of the student's family. One reason for this difference is that public schools receive federal funds. These funds are allocated to support the provision of individual education services.

Public schools can also hire specialized school personnel. These professionals can address the diverse needs of their students. This includes the employment of accessible education teachers. In contrast, private schools may not receive the same level of federal funding. They may not have the same extensive resources for individual education programs. As a result, private school tuition can be a significant financial commitment for families who choose this option.

Does the IDEA apply to private schools?

IDEA primarily governs public schools, guaranteeing that eligible students receive a FAPE. Yet, for private school students with disabilities, IDEA offers some limited protections. Private schools are not generally required to provide FAPE. Instead, they must follow some requirements of Section 504 of the Rehabilitation Act of 1973.

This Act prohibits discrimination against individuals with disabilities. This means private schools may need to offer reasonable accommodations to students with disabilities. But, they are not required to provide the same accessible education services as public schools. Parents should know that IDEA's provisions may not fully extend to private schools.

If private schools don't offer individual education, is that discrimination?

Private schools' inability to provide accessible education services does not necessarily constitute discrimination. Private schools often have different missions, whether for religious, methodological, or other reasons. They may not have the resources, expertise, or legal obligation to provide individual education services.

Discrimination claims related to disability and education typically are decided based on whether public entities, such as public schools, fail to meet their legal obligations to students with disabilities. But, private schools still must adhere to federal laws. These laws prohibit discrimination based on disability. Students with disabilities should not be subjected to unjust treatment or exclusion within private schools.

Ultimately, the availability of accessible education services varies between public and private institutions. But, it's not necessarily indicative of discrimination on the part of private schools. Several factors affect this outcome.

What accommodations must private schools make for students with disabilities?

Private schools must provide accommodations as set forth in the Rehabilitation Act of 1973, Section 504. This Section prohibits discrimination against individuals with disabilities. Under Section 504, schools must provide reasonable accommodations for disabled students. In private schools, these accommodations may not be as extensive as those provided in public schools.

Reasonable accommodations can include modifications to academic materials. It can also include adjustments to classroom settings and alterations to school policies. These changes help students with disabilities participate fully in the educational environment.

Specific accommodations vary based on the individual needs of the student. They also depend on the resources available at the private school. Parents must communicate openly with private school administration. This helps ensure their child's needs are considered and addressed effectively.

Which disability services may be eligible for reimbursement? Is there a limit to private individual education reimbursement?

The services eligible for reimbursement for accessible education can vary. This depends on the specific needs and circumstances of the child. Generally, reimbursements may cover a range of education services. This includes but is not limited to individualized instruction and therapies. It can also include assistive technology and educational support. But, there may be limits or conditions imposed by federal and state laws. Reimbursement is subject to approval through legal channels, too.

Parents should consult with an attorney. An attorney with experience in education law can help provide a comprehensive understanding of eligible services. They can also inform you of potential limits to reimbursement based on your specific situation.

How do I seek reimbursement for individual education at a private school?

Seeking reimbursement involves following specific legal procedures. As a parent, you must show that your child's public school failed to provide an appropriate education for your child. To initiate this process, parents can follow these steps:

1. Engage with legal counsel. It is highly advisable to consult an attorney with experience in accessible education law. They can guide you through the reimbursement process. They will help you understand the specific legal requirements and procedures. They also may advise you to take steps 2 and 3 below:
2. Enroll in a private school. Enroll your child in a private school that offers the specialized services the student requires. You must pay for the private school tuition for this school year.
3. Keep detailed documentation. Keep records of all expenses related to your child's private individual education. This can include tuition, therapies, and any additional costs incurred.

Getting Legal Help With Individual Education Reimbursement

Navigating the intersection of private education and accessible education reimbursement can be daunting. Seeking advice from an attorney with experience in education law is essential. It is advisable to contact this attorney early in the process.

They can help you understand your rights and guide you through legal procedures. They can assist you in securing the best education for your child. They can also help you address your financial concerns about individual education programs.

Remember that each family's situation is unique. Personalized legal advice is invaluable when pursuing reimbursement for private education services.

Consult with an education law attorney about reimbursement today.