Section 5-E3018. STUDENTS WITH DISABILITIES PLACED BY THEIR PARENTS IN PRIVATE SCHOOL WHEN FAPE IS AT ISSUE

 

3018.1The SEA is not required to pay for the cost of education, including special education and related services, of a child with a disability if the LEA has made FAPE available to the child and the parents elected to place the child in a private placement.

 

3018.2Disagreements between the LEA and parents regarding the availability of an appropriate program for an LEA child and financial responsibility for the provision of such a program are subject to due process procedures in §§ 3029-3031 of this Chapter, judicial mandates, and Federal law.

 

3018.3If the parents of a child with a disability, who previously received special education and related services under the authority of the LEA, enroll the child in a private placement without the consent of or a referral by the LEA, a court or hearing officer may require the SEA to reimburse the parents for the cost of that enrollment if the court or hearing officer finds that the LEA had not made FAPE available to the child in a timely manner prior to that enrollment, and that the private placement is appropriate. A parental placement may be found to be appropriate by a hearing officer or a court even if it does not meet the State standards that apply to education provided by the SEA and LEAs.

 

3018.4The cost of reimbursement may be reduced or denied if:

 

(a)At the most recent IEP meeting that the parents attended prior to the child's removal from public school, the parents did not inform the IEP team that they were rejecting the placement proposed by the LEA to provide FAPE to the child, including stating their concerns and their intent to enroll the child in a private school at public expense;

 

(b)At least ten (10) business days (including any holidays that occur on a business day) prior to the removal of the child from public school, the parents did not give written notice to the LEA and the SEA that they were rejecting the placement proposed by the LEA to provide FAPE to the child, including stating their concerns and their intent to enroll the child in a private school at public expense;

 

(c)Prior to the parents' removal of the child from public school, the LEA informed the parents, consistent with the notice requirements described in this Chapter, of its intent to evaluate the child (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the child available for the evaluation; or

 

(d)Upon a judicial finding that the actions taken by the parents were unreasonable.

 

3018.5The cost of reimbursement may not be reduced or denied for failure to provide notice as required by § 3018.4 if:

 

(a)The parent is illiterate and cannot write in English;

 

(b)Compliance with this section would likely result in physical or serious emotional harm to the child;

 

(c)The LEA failed to meet its obligations to the child or prevented the parent from providing notice; or

 

(d)The parents had not received notice of the notice requirement in § 3018.4.

 

source

Final Rulemaking published at 30 DCR 2972 (June 17, 1983); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003).