Unilaterally Parentally Placed Students

Introduction

A parent may decide to place a student at a school other than the public school for which the student is entitled to attend. When a student is placed at a nonpublic, private or parochial school and the student is eligible for special education and related services, the parent has unilaterally placed the student outside of an IEP team decision.

Parentally Placed Students When FAPE is Not at Issue

Because MCPS has an obligation to locate, identify and evaluate all students in the jurisdiction who may have a disability, students enrolled in private, religious or home school programs are entitled to procedural safeguards if they disagree with an IEP teams decision regarding evaluation and eligibility for special education and related services. A parent/guardian of a student who is enrolled in a private or religious school or is being home-schooled may file a state complaint or request mediation or a due process hearing regarding MCPS’ Child Find responsibilities (i.e., initial evaluation, and eligibility determination) only. Parents/guardians of such students are not entitled to mediation or due process on any other issues/matters under IDEA.

When There is Disagreement about FAPE

Disagreements between the parents and a public agency regarding the availability of a program appropriate for the child, and the question of financial reimbursement, are subject to the due process procedures.

If the parents of a child with a disability, who previously received special education and related services under the authority of a public agency, enroll the child in a private preschool, elementary school, or secondary school without the consent of or referral by the public agency, a court or a hearing officer may require the agency to reimburse the parents for the cost of that enrollment if the court or hearing officer finds that the agency had not made FAPE available to the child in a timely manner prior to that enrollment and that the private placement is appropriate. A parental placement may be found to be appropriate by a hearing officer or a court even if it does not meet the State standards that apply to education provided by the state or local education agencies.

The IDEA permits an Administrative Law Judge to limit or reduce the amount of reimbursement if the placement was appropriate and the school system has failed to provide a FAPE for various reasons such as, if the parent fails to give proper notice that the student is being privately placed prior to commencing the placement or if the parent acts unreasonably with regard to the placement or communications with MCPS.

Legal Authority:

34 CFR § 300.148