In the recently decided case Forest Grove School District v. T.A. , the U.S. Supreme Court held that “ IDEA authorizes reimbursement for private special-education services when a public school fails to provide a FAPE and the private-school placement is appropriate, regardless of whether the child previously received special-education services through the public school .” Pp. 6-17. The Court rejected the school district’s argument that the 1997 amendments to the IDEA require that a parent first place the child in a public school program before being eligible for reimbursement for a unilateral placement in a private school.
We speak to many parents who are concerned that placement in an inadequate public school program is required before the school will consider funding a private placement for their child with special needs. There is no such legal requirement. However, the fundamental criteria for consideration of public funding for a private placement remain unchanged. First, the evidence must show that the public school has failed to offer or provide a free appropriate public education program (FAPE). Then, the parent must show that the alternative private placement is appropriate for the child. The Court’s ruling in Forest Grove did not alter this evidentiary burden in private placement cases.
Consideration of whether a parent should unilaterally remove his child from public school and seek reimbursement for tuition is a serious and complex analysis. The strength of the case is always fact specific and requires consideration of the school district’s responses to the unique needs for each child. Parents are well advised to consult with experienced legal counsel or a special education advocate before making a unilateral removal of their child to a private placement for which they later seek tuition reimbursement.
