When there's consensus that a private school would be the appropriate placement, the public school remains the responsible party for paying the educational costs and ensuring the private school implements the IEP.
Charmaine Thaner
Parentally placed children in private schools, don't have that same entitlement for services that they would receive in public schools.
Charmaine Thaner
We know that sometimes it's difficult in public schools, to have the school district implement the IEP with fidelity. Chances are in many private schools, getting them to implement a service plan will also be challenging.
Charmaine Thaner
Districts can decide how they spend a proportionate amount of their IDEA funding for services for students and private schools. Some districts may think it's a better use of money if they provide professional development for the staff at the private school, instead of direct services.
Charmaine Thaner
The proportionate amount of the IDEA funding the district has to spend on students in private schools won't go very far. It's possible that some parentally placed children with disabilities will not receive any services and others might.
Charmaine Thaner
If your child's private or religious school accepts any federal financial assistance, then the school has to follow the Rehabilitation Act of 1973, and they cannot exclude your child with a disability. Now, here's the caveat, if your child can with minor adjustments be provided an appropriate education by the school.
Charmaine Thaner
If a religious school or other type of private school does not accept any federal funding, then the school has no responsibility to provide accommodations for your child.
Charmaine Thaner
There are very specific things that you have to do in order to set your situation up that you can later come back and ask for reimbursement of the private school tuition. (see the letter template in the Resource section below).
Charmaine
Thaner
Parents who unilaterally move a child to a private school in response to an unacceptable IEP, get reimbursement for a private school's tuition only if the public school has violated the IDEA and the private school is appropriate under IDEA. (see the 6th Circuit Court decision below in the Resources).
Charmaine Thaner