Placing Your Child in a Private School with Intent to Seek Reimbursement from the Public School District

In order to obtain reimbursement from the public school for placement in a private school, you must be able to show that the placement and services offered by the public school were inappropriate and that the private school placement is appropriate.

Every situation is different and this article cannot address all issues that might arise in privately placing your special education child in a private school with intent to seek reimbursement from the public school. The purpose of this short article is to provide a parent with the basic information.

First, in order to obtain reimbursement, it is necessary to give notice to the school district of your intent to place your child in a private school and seek reimbursement. Normally, this should be done in writing. A sample letter is provided in this web site in the Sample Letters section. See link below. The notice can also be given orally in an IEP meeting. To ensure that there is no dispute as to whether the notice was given, it is strongly recommended that the notice be given in writing. See the following link for a sample letter: http://www.aboutautismlaw.com/letters/letter31.doc.

Generally speaking, in order to obtain reimbursement, you will have the burden of proof to show that the placement and services offered by the public school were inappropriate and that the private school is appropriate.

In order to prove your case and overcome your burden of proof, you will most likely need an expert to assess your child and observe the public school placement and the private school. The expert should write an assessment report and be willing to testify that the last IEP (written Individualized Education Program) offered an inappropriate placement, and that the private school program is appropriate and will provide educational benefit. (See the section entitled Get An Assessment in the main article on this web site (What to Do If You Think Your Child May be Autistic?) for more information about expert reports.)

It is desirable to have good written records showing that the child has not obtained an appropriate education in the public school. It is often strategically advantageous to place the child in the private school for several months before making the claim to the school district so that the parent can show that the child made educational progress in the private school that was not taking place in the public school. In most cases it will be necessary for the parent to have an expert who is willing and able to testify, if necessary, that the public school placement is inappropriate and that the private school is appropriate. Data collection, teacher's reports and other documentary evidence can also be used.

It is recommended that you seek the advice of both an autism expert and special education attorney before taking any action in moving your child to a private school.

See other sections of this web site and Dave Sherman's book Autism: Asserting Your Child's Rights to a Special Education for more information.