What are my child's rights in private school?

Quick answer

If you enroll your child in a private school without public agreement, IDEA does not require the private school to provide an IEP. The local public school district must conduct Child Find and offer a service plan with a proportionate share of federal funds for eligible private school students. That is not the same as full FAPE. To get a full IEP at public expense, you generally need to enroll in public school or win a unilateral placement reimbursement case.

What this means for parents

Private school special education rights are narrower than public school rights. Know what the district must do versus what it may refuse.

• Child Find applies: the district must identify and evaluate private school students suspected of having disabilities.
• Equitable services, sometimes called a service plan, may provide limited special education using federal IDEA funds set aside for private school students.
• Service plans do not create the same procedural protections as IEPs. Parents participate but do not have the full IEP team rights.
• If you want a full IEP with all related services, enrolling in public school is the standard path unless the district agrees otherwise.
• If the district fails to offer FAPE in public school and you place privately, you may seek reimbursement through due process, but the legal standard is strict.
• Some states offer scholarship programs or vouchers. Those programs have separate rules and may not include full IDEA rights.

Questions when your child attends private school

Ask these to understand what the public district will and will not provide.

1. Will the district evaluate my privately enrolled child under Child Find?
2. If eligible, what equitable services will you offer on a service plan, and where will they be delivered?
3. Would my child receive more services if enrolled in public school?
4. How do I request a service plan meeting and give input on services?
5. If public school FAPE was inadequate and I placed privately, what is the process to seek reimbursement?

Simple parent script

Common mistakes to avoid

• Assuming a private school must provide the same services as a public IEP.
• Declining public evaluation because you prefer to keep the child private without understanding service plan options.
• Paying for private placement without documenting public FAPE failures if you may seek reimbursement later.
• Confusing a service plan with an IEP and missing dispute options that apply to each.
• Not comparing scholarship or voucher programs' disability rights with IDEA protections.

When to get more help

Consider getting help when you are considering unilateral private placement, the district refuses Child Find for a private school student, equitable services are far less than what your child needs, or you want to pursue reimbursement for a private school you chose because public FAPE failed.