Private special education schools and your child's IEP
How placement in a private special education school works under IDEA: when the school district pays, when parents choose, and the notice steps that protect reimbursement.
Parents often ask whether a private special education school is an option for their child and who pays. The answer depends on who makes the placement and on what the child's Individualized Education Program (IEP) team decides. This guide explains the federal framework under the Individuals with Disabilities Education Act (IDEA). It is general information, not legal advice, and state rules add details, so talk to your state's parent center or an attorney about your own situation.
The starting point: the IEP and FAPE
IDEA entitles an eligible child to a free appropriate public education (FAPE), delivered through an IEP that the school district and the parents develop together. The IEP describes the child's needs, goals, services and the placement. The Supreme Court held in Endrew F. v. Douglas County School District (2017) that an IEP must be reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances. The first question is therefore always whether the district's proposed program meets that standard, not whether a private school is “better.”
Route 1: the district places the child in a private school
Sometimes a district decides that it cannot provide FAPE in its own programs and places the child in a private school, often called an out-of-district or non-public placement. Under the federal regulation at 34 CFR 300.146, a child placed this way by a public agency must be provided special education and related services in conformance with an IEP and at no cost to the parents, must receive an education that meets the standards that apply to public education, and keeps all of the rights of a child with a disability served by a public agency. States commonly keep lists of approved private special education schools for these placements, so you should check whether a school is approved in your state.
Route 2: parents choose a private school
If the district made FAPE available and the parents elect a private school anyway, the regulation at 34 CFR 300.148 says the district is not required to pay for it. Disagreements about whether the district's program was appropriate, and about reimbursement, are resolved through due process procedures.
Reimbursement is possible in limited circumstances. Under section 300.148(c), if parents of a child who previously received special education services from the public agency enrol the child in a private school without the agency's consent or referral, a court or hearing officer may require reimbursement if it finds that the agency had not made FAPE available in a timely manner and that the private placement is appropriate. A parental placement can be found appropriate even if it does not meet state standards for public education.
Notice matters
The same section allows reimbursement to be reduced or denied if the parents did not tell the IEP team, at the most recent meeting they attended before removing the child, that they were rejecting the proposed placement, stating their concerns and their intent to enrol the child in a private school at public expense. It also applies if they did not give written notice at least ten business days before removing the child. The regulation contains further conditions, so read it in full or ask a parent center before you act. Do not remove a child from a program, sign an enrolment contract or pay a deposit without understanding these rules.
Children whose parents place them without a dispute
Districts also have obligations to children with disabilities who attend private schools by parental choice. The regulations (34 CFR 300.130 to 300.144) require the district to include those children in the population whose needs are addressed and to consult with private schools about services. What those children receive is usually more limited than a public IEP, and it is not the same as FAPE. Ask your district what “equitable services” it offers in your state.
What the NCES survey tells you
The schools listed in this directory are those that reported themselves to the National Center for Education Statistics as private special education schools. Being listed does not mean the state has approved the school for district placements, or that it serves your child's disability. Use the listing to build a shortlist, then check approval, licensing and fit. Our guide on evaluating a school gives questions to ask.
Where to get help
- Your state's Parent Training and Information Center, findable through the Center for Parent Information and Resources. Services are free.
- The US Department of Education's IDEA website for the statute and regulations.
- Your state education department, for the list of approved private special education schools and the state's complaint and due process procedures.