The District is not required to pay for the private school education, including special education services, of a child with disabilities if the District made available to the child appropriate special education services at a District school, but you chose to place your child in a private school or facility.
If your child previously received special education services at a District school and you enrolled your child in a private school without the consent of or referral by the District, a court or a due process hearing officer may require that the District reimburse the parents for the private school placement if the District did not make the appropriate special education services available to the child in a timely manner prior to the child's enrollment in the private school.
Reimbursement may be reduced or denied if you did not give the District notice that:
You were rejecting the District's placement;
What your concerns were regarding the placement; and
Your intent is to enroll your child in a private school and request reimbursement from the District.
You must provide this notice to the IEP team at an IEP meeting prior to removing your child from public school, or you must provide the notice to the District in writing at least ten (10) business days prior to removing your child from public school.
Reimbursement may be reduced or denied if, prior to placing the child in private school, the District appropriately gave the child's parents notice of its intent to assess the child, but the parents did not make their child available for such assessment. The court may also reduce or deny reimbursement if it finds that the parent's actions were unreasonable.
Reimbursement will not be reduced or denied for failure to provide notice if you are illiterate and cannot write in English, providing notice would result in physical or serious emotional harm to the child, or the school prevented you from providing notice.