If a public school cannot or will not provide your child with a free appropriate public education, you may be able to place your child in a private program and have the district reimburse the tuition. It is one of the most powerful remedies in special-education law — and one of the most misunderstood. It does not require the district's permission, but it does come with strict conditions.
The core rule: Burlington and Carter
In School Committee of Burlington v. Department of Education (1985), the Supreme Court held that parents can be reimbursed for a private placement if the public school failed to provide FAPE and the private placement was appropriate for the child. In Florence County v. Carter (1993), the Court added that reimbursement is available even if the private school is not state-approved and does not itself meet all IDEA requirements — what matters is whether it actually met the child's needs.
Later, in Forest Grove School District v. T.A. (2009), the Court held that parents can be reimbursed even if the child had never previously received special education from the public school. Together these cases form the Burlington/Carter framework.
The three questions
Did the public school deny FAPE? If the district's proposed program was appropriate, there is no reimbursement.
Was the private placement appropriate for your child's needs? It need not be perfect or state-approved, but it must actually serve the disability.
Do the equities favor reimbursement? A court or hearing officer can reduce or deny reimbursement based on the parents' conduct — which is where notice comes in.
The 10-day notice rule — do not skip it
To protect your reimbursement, you generally must give the district notice that you are rejecting its program and placing your child privately at public expense — either at the last IEP meeting before you remove the child, or in writing at least 10 business days before the removal. Failing to give this notice can reduce or eliminate your reimbursement even if you were otherwise right. This single step trips up many families.
How it usually plays out
Reimbursement is a remedy, which means you typically pay first and seek repayment through a due-process hearing (or settlement) by proving the district denied FAPE and your placement was appropriate. It is financially risky and fact-intensive, so families pursuing it almost always work with a special-education attorney, and prevailing parents may recover attorney's fees.
Practical steps
Build the record that the district's program was inadequate — evaluations, IEP failures, lack of progress.
Give the 10-day written notice before removing your child.
Choose a placement that genuinely fits the disability and can show progress.
Keep all costs and records, and file for a due-process hearing to seek reimbursement.
This is general legal information, not legal advice. The core rights here come from federal law, but timelines, procedures, and state protections vary, and every child's situation is different. Talk to a special-education attorney or your state's parent training and information center about your situation.
Free tools for parents
Self-help tools to act on the steps above — private, and nothing you enter leaves your browser:
Special-education letter generator — request an evaluation, an IEP meeting, an IEE, or records, or give 10-day private-placement notice.
Can I make my school district pay for private school?
Possibly. Under the Burlington/Carter framework, a district must reimburse private-school tuition if the public school denied your child a free appropriate public education (FAPE) and the private placement was appropriate for the child's needs. You don't need the district's permission, but strict conditions apply.
Does the private school have to be state-approved?
No. Florence County v. Carter (1993) held that reimbursement can be available even if the private school is not state-approved and doesn't meet all IDEA requirements, as long as it actually met the child's needs.
What is the 10-day notice rule for tuition reimbursement?
To protect your reimbursement, you generally must notify the district that you are rejecting its program and placing your child privately at public expense — at the last IEP meeting before removal, or in writing at least 10 business days beforehand. Skipping notice can reduce or eliminate reimbursement.
Do I get paid up front or reimbursed later?
Reimbursement is a remedy, so you typically pay first and seek repayment through a due-process hearing or settlement by proving the district denied FAPE and your placement was appropriate. It's financially risky and fact-intensive, so most families use an attorney.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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