You might work hard to collaborate with the school — attending meetings, making calls, and sending those “just checking in” emails.
But what happens when all of that effort still doesn’t lead to your child getting the support they need?
Here’s the truth:
If your school district fails to provide a Free Appropriate Public Education (FAPE) as required under IDEA, you have the legal right to move your child to a private school and request that the district pay the tuition.
What FAPE Means
FAPE is essentially the promise:
Every child with a disability gets an education that meets their unique needs, at no cost to the parents.
If the district cannot or will not provide that, the law allows you to seek another option.
How It Works – Step by Step
1️⃣ Document the Neglect
- Keep emails, progress reports, and examples showing the IEP is not being followed.
- Write down every missed therapy session or unfulfilled support.
2️⃣ Give the School a Chance
- Request an IEP meeting and clearly state the problem.
- Give them the opportunity to correct it — this step matters legally.
3️⃣ Provide Written Notice
- If nothing changes, send a letter stating you plan to enroll your child in private school because the district is not providing FAPE.
- Send it at least 10 business days before removing your child.
4️⃣ Enroll in Private School
- Choose a school that meets your child’s needs.
- Keep all receipts and documentation.
5️⃣ Request Reimbursement
- File for Due Process to have the district pay for the tuition.
- A hearing officer will review the evidence and decide.
Important Things to Know
- This process is called Unilateral Placement.
- You must prove the district failed your child.
- The private school doesn’t have to be “special ed only,” but it must meet your child’s needs.
- If you win, the district reimburses you — sometimes fully, sometimes partially.
Final Thoughts
Advocating for a child with special needs isn’t about being difficult — it’s about ensuring their right to learn, grow, and thrive.
If that means switching schools and fighting for tuition reimbursement, the law is there to protect that right.
I am writing to provide formal notice, as required by the Individuals with Disabilities Education Act (IDEA), that I intend to enroll my child, [Child’s Full Name], in a private school at public expense.
The reason for this decision is that [School Name] has failed to provide my child with a Free Appropriate Public Education (FAPE) as outlined in their Individualized Education Program (IEP). Specifically:
- [List missed services, supports not provided, or other violations]
- [Example: Speech therapy sessions have been missed for the last 2 months without make-up services]
I am providing this written notice at least 10 business days before withdrawing my child from the public school. I will be seeking reimbursement for all related costs.
Please contact me promptly if the district intends to address these concerns before my child is enrolled in private school.
Sincerely,
[Your Full Name]
Parent/Guardian of [Child’s Name]
📌 Tip: Keep a copy of this letter and proof of when it was sent. Send it via certified mail or email with a “read receipt.”
Hirahcares 