Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 42
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44The IDEA does not require a school division to pay for the cost of education, including special
education and related services, of your child with a disability at a private school or facility if the
school division made a free appropriate public education (FAPE) available to your child and you
choose to place the child in a private school or facility. However, the school division where the
private school is located must include your child in the population whose needs are addressed
under the IDEA provisions regarding children who have been placed by their parents in a private
school under 34 CFR §§300.131 through 300.144.
Reimbursement for Private School Placement
If your child previously received special education and related services under the authority of a
school division, and you choose to enroll your child in a private preschool, elementary school, or
secondary school without the consent of or referral by the school division, a court or a hearing
officer may require the agency to reimburse you for the cost of that enrollment if the court or
hearing officer finds that the agency had not made a FAPE available to your child in a timely
manner prior to that enrollment and that the private placement is appropriate. A hearing officer
or court may find your placement to be appropriate, even if the placement does not meet Virginia
standards that apply to education provided by VDOE and school divisions.
Limitation on Reimbursement
The cost of reimbursement described in the paragraph above may be reduced or denied:
1. If: (a) At the most recent Individualized Education Program (IEP) meeting that you
attended prior to your removal of your child from the public school, you did not inform
the IEP Team that you were rejecting the placement proposed by the school division to
provide FAPE to your child, including stating your concerns and your intent to enroll
your child in a private school at public expense; or (b) At least 10 business days
(including any holidays that occur on a business day) prior to your removal of your child
from the public school, you did not give written notice to the school division of that
information;
2. If, prior to your removal of your child from the public school, the school division
provided prior written notice to you, of its intent to evaluate your child (including a
statement of the purpose of the evaluation that was appropriate and reasonable), but you
did not make the child available for the evaluation; or
3. Upon a court’s finding that your actions were unreasonable.
However, the cost of reimbursement:
1.
Must not be reduced or denied for failure to provide the notice if:
(a) The school
prevented you from providing the notice; (b) You had not received notice of your
responsibility to provide the notice described above; or (c) Compliance with the
requirements above would likely result in physical harm to your child; and
2. May, in the discretion of the court or a hearing officer, not be reduced or denied for the
parents’ failure to provide the required notice if: (a) The parent is not literate or cannot
write in English; or (b) Compliance with the above requirement would likely result in
serious emotional harm to the child.
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SS/SE-4 (6/16)
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