http://www.pacer.org/bullying/

Special education law provides a child the right to be placed in a private school ONLY if your school district cannot provide an appropriate program.

Under IDEA, school districts are required to show that they cannot serve a child's special education needs BEFORE they place and pay for a child to attend a private placement.

A child’s needs and the nature of public placement determine if private placement is appropriate and feasible.


There MUST be an IEP agreement or due process court ruling that determines that private placement is appropriate before a school district is required to pay for a private placement.



If you decide to place your child in private placement without this in place the district is NOT required to pay for it.   The district does not need to provide special education services to a private school nor does it have to provide any services different to those that would be available if the child was attending public school.

If you plan to move your child to a private placement, it is your responsibility to inform the school district of your intent either at an IEP meeting or by 10 days before the removal. If your child is enrolled in a home school program you may have your child evaluated for special education but your services may be limited depending on the decision of the IEP team.

Special education law states that imprisoned children between the ages of 18-21 who have an IEP are entitled to a free and appropriate education.