Due to the cost of enrolling a child in private school, significant issues concerning reimbursement for such placement can arise between parents and the school district. The school district has a duty to provide your child with a Free Appropriate Public Education (FAPE), which might include enrollment in a private school to meet specific needs.
Referral by the School District
If your school district determines that your child’s special education needs are best met in a private school, they might make the necessary referral. Before doing so, the Local Education Agency (LEA) must create an Individualized Education Plan (IEP) for your child. A representative from the private school should attend the IEP meeting, or the public school must use other methods, such as phone calls, to ensure their involvement. It is crucial that the school board agrees that placing your child in a private institution is essential and suitable, with no state alternatives available. In such cases, the school district is responsible for covering the reasonable costs of enrollment.
Parental Choice
The LEA is not obligated to cover educational expenses, including special education and related services, if appropriate public education is already available and parents choose private schooling. Most disputes regarding elective private school placements involve assessing the adequacy of public education and potential reimbursement. These disagreements may proceed into due process hearings, which are discussed further below. Parents have the right to choose private education for their child with a disability, but disagreements may arise if the public school believes an appropriate education can be provided.
Disputes and Adjustments
Enrolling your child in a private school without the LEA's consent or referral can lead to disputes over the necessity of this placement for providing an appropriate education. If a hearing officer concludes that FAPE was not available and private schooling was appropriate, you could receive full reimbursement. However, such reimbursement may be reduced or denied under certain conditions.
Reimbursement may be reduced or denied if the following conditions are met:
- Failure to inform the public school during the last PPT/IEP Team meeting about rejecting the proposed public school placement and the intent to enroll your child in private school at public expense. This notice must be given in writing at least ten business days before removal.
- Refusal to make your child available for an evaluation after the LEA announced its intent to evaluate, before removal from the public school.
- Judicial determination of parental unreasonableness in enrolling your child in private school without the public school's consent.
Exceptions to Reduction or Denial
The district may not reduce or fully abate reimbursement if:
- The school prevented you from providing notice of your decision to remove your child.
- Following the notice requirement would likely have resulted in physical or emotional harm to your child.
- You cannot read or write in English, making compliance with the notice requirement unreasonable.
Contact Us
If you have any questions regarding private school reimbursement in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
