Parents of children with special needs are likely well-versed with the basic tenets of federal disability education laws known as the Americans With Disabilities Act (“ADA”) and the Individuals With Disabilities Education Act (“IDEA.”) Although parents and caregivers likely understand their child's right to receive an Individualized Education Plan at public expense, the laws become less clear when special needs students are homeschooled or enroll at a private school. This can be particularly frustrating, especially in instances where parents only removed their student from public school due out of frustration surrounding their student's placement and access to services. At this juncture, it's important for parents to understand their legal rights, specifically in the areas of transportation and tuition reimbursement.

Transportation To And From Services

Special needs students who already have an active IEP are considered “parentally placed” students once their parents remove them from public school and enroll them in a private school such as a secular school or a religious school. If the child's IEP team determines that the student could benefit from related services such as speech, counseling, occupational therapy, etc., under 34 C.F.R. § 300. 139(b), the Local Education Agency must provide the student with disability transportation to and from the child's home or the child's private school and the site where the services are rendered.

Transportation To And From Private Schools

While a student is owed transportation to services, nothing in the IDEA requires local education agencies to provide the student with transportation from their home to their private school. In instances where the local education agency provides the student's services on their private school campus, an argument can be made that the district is required to transport the student to their services regardless of where these services take place. It is also not uncommon to see transportation reimbursement included as part of a settlement agreement between parents and school districts where parents argue that they only removed their child from the school district due to the district's failure to provide their student with a free and appropriate public education.

I Was Forced To Remove My Child From Public School Because They Weren't Receiving FAPE. Can I Be Reimbursed For the Cost of Tuition At Their New School?

The question of whether tuition reimbursement is available for parentally placed students is nuanced because tuition reimbursement is not specifically codified under federal law. However, there is nothing in the IDEA that prevents local education agencies from awarding tuition reimbursement in instances where the agency or reviewing body (typically an administrative law judge) determines that reimbursement is an appropriate remedy to resolve a due process claim. In other words, there is nothing that prevents parents from seeking tuition reimbursement as an available remedy in their litigation against their student's school district.

Need Help Securing Transportation Or Tuition Reimbursement?

If you have been denied tuition reimbursement or transportation assistance from your school district, they may be protecting their funds at the expense of your child's future. These conversations can be complex, frustrating, and emotionally draining - don't face them alone! Contact nationwide education attorney-advisor Joseph D. Lento and the Lento Law Firm Education Team for immediate assistance. Call us today at (888) 535-3686 or use our online contact form.