November 2023: 

The MLO Minute: “What is an Appropriate Private School Placement?” 

By Michael Connolly, Esq., Supervising Partner of The Special Education Department — 

Where the provision of a Free and Appropriate Public Education (“FAPE”) is at issue, parents may be entitled to reimbursement of tuition and related costs for private placement under the Individuals with Disabilities Education Act (“IDEA”) where the child’s public school district failed to provide an appropriate program, and where the private school is proper and the equities way in favor of reimbursement. In this context we are often asked, and parents are confronted with, the question of what makes a private school proper or appropriate for purposes of tuition reimbursement, and in particular, can a “typical” or non-specialized private school (i.e., not licensed private school for special education) – often a parochial or other religiously affiliated school – be appropriate.

As illustrated by a recent due process case handled by our firm (MLO), the short answer is yes; a non-specialized private school, including a parochial or other religiously affiliated school, can be considered appropriate private school placements in the context of tuition reimbursement.  (See, In re: The Educational Assignment of R.C. ODR File No. (223).  However, parents should keep in mind that a non-specialized private school can present challenges in demonstrating it is appropriate, particularly in light of a student’s specific disability and how it impacts the student at school, and therefore before placing a student in a non-specialized school, or any private school for that matter, there must an individualized analysis of the student’s needs and how the program and placement will meet those needs.

What is often lost or forgotten in discussions concerning private placements is that the legal standard for deciding whether a private school is appropriate is very different then the legal standard for the appropriateness of a program and placement offered by the public school.  The burden to establish the appropriateness of the private school is not a heavy one, and parents of a student with disabilities do not need to seek out the perfect private placement in order to satisfy IDEA. In fact, the Supreme Court has ruled that a private school placement may be proper and confer meaningful benefit despite the private school’s failure to provide an IEP or meet state educational standards. In determining whether a placement is appropriate, you only need to examine whether the student made strides either academically, emotionally, or in other areas of need.  For example, the Hearing Officer in the case referenced above, after finding the school district’s offered program to be inappropriate, found that the private Catholic High School where the parents placed their child with high functioning autism was appropriate.  In so finding, the Hearing Officer relied on evidence that the student was doing well academically, received regular counseling sessions at the school, was developing friendships, and had done well socially and emotionally.

Our firm has been advocating for the rights of students with disabilities for over 40 years. We provide free consultations in all special education matters, and most matters are handled without charge to families for hourly fees. Please do not hesitate to contact us by CLICKING HERE or by calling any of our numbers on our website.