Parents of students with disabilities know just how hard it can be to navigate the U.S. educational system. Your child has rights, some very important rights, in fact, but it's not always easy to know how to use them effectively.

For example, one question we get asked a lot is whether disability laws can be used to fund private elementary and secondary education. The answer, unsurprisingly, is complicated.

We get into some of the finer points of that explanation below, but first, you should know that if your child needs protection as a disabled student, the Lento Law Firm is here to help. Our Education Law Team knows the law, and we're experienced in holding schools and districts accountable. What can we do for you? Find out by calling 888-535-3686 or using our automated online form.

FAPE

As a student with disabilities, your child has many rights under both state and federal law. One of the most important of these laws is IDEA—the Individuals with Disabilities Education Act. Among its many provisions, IDEA enshrines the idea that all students—and particularly students with disabilities—are entitled to an education that is “free and appropriate.” The concept is known as FAPE: Free Appropriate Public Education.

The “P” in FAPE stands for “Public,” and that creates a key limitation on your child's rights. That is, your child is entitled to an education in public schools. The law does not grant your child the right to a “free” education at a private institution, at least under ordinary circumstances.

There are important aspects of the law, though, that can—in certain instances—be used to justify private school funding.

First, while the “Public” aspect of FAPE is important, the “F,” which stands for “Free” is just as important. The government—and by extension, your school district—has an obligation under the law to give your child an appropriate education, no matter what special accommodations that might require. If your child needs a sign language interpreter, for instance, your district must provide it. Technology, physical modifications, special instructional attention—your district must provide any of these your child needs, and—crucially—they must do so at no cost to your family. The fundamental principle here is that the government will support a disabled student's education financially when it's required. That creates a legal foundation for asking the government to fund private school education.

In fact, it's relatively straightforward to get private school funding if your child is attending a school that's devoted to special needs education. By definition, such schools provide disabled students with “appropriate” education in a way most public schools can't.

Additionally, if your district simply doesn't have the resources to provide the appropriate accommodations your child needs, it is obligated to place them in a school that does, even if that means paying tuition to a private school.

Finally, though, keep in mind that courts have generally set a low bar when it comes to proving that one school is more “appropriate” for a disabled student than another. If, for example, your child is more comfortable in a private school because that school is more accepting of their disability, this may be enough to argue they need funding to attend this school. If, after transferring to a private school, they show academic improvement, this too can be used to argue that private school funding is warranted.

Trust the Lento Law Firm

The Lento Law Firm's Education Law Team is well-versed in all aspects of education and disability law. We'll not only work with you to come up with a plan to get your child the resources they need and deserve, but we'll walk you through the process so you understand exactly what rights your child has.

For more information, call 888-535-3686 today or use our firm's automated online form.