One major issue in deciding to place your child in a private school is economics. Education in a private school is expensive and the best schools for children with learning issues are very expensive. So how does a parent obtain a free, appropriate education in a non-public school for a child with special learning needs?

Did you know that the cost of private school tuition for students with learning disabilities may be deductible as a medical expense? Check out this IRS Ruling and a discussion of its impact and speak to your tax advisor.

There are several steps to having your school district pay for this appropriate education in a non-public school. First, your school district must agree that your child’s needs cannot be met by any of the programs the district can offer in its own schools (including its affiliated BOCES programs, if applicable). Next, the district must agree that the program you would like your child to attend is, indeed, appropriate for your child. And, finally, the program in question must be approved by the New York State Education Department and designated as appropriate for children with your child’s classification, the legal definition of your child’s learning issue. For more information on finding schools, including lists of approved schools, see our schools section.

Approval by the New York State Education Department is not a function of how good a school is at educating children. To be placed on the list, schools must meet numerous requirements regarding curriculum, testing and scheduling; many excellent schools have determined that complying with such requirements would interfere with their mission to educate children who learn differently. Committees on Special Education cannot legally recommend placement at a non-approved school. In addition, tuition payments for schools on the approved list are largely reimbursed to your school district by the state. Tuition for non-approved schools will not be reimbursed to your district.
If you decide to place your child in a private school that is not on the approved list, you may be entitled to reimbursement for the cost of that school. The New York State Education Department Parent’s Guide discusses this procedure. This process, often referred to as “Carter funding” or a “Carter case” after the United State Supreme Court Case which first granted this funding is not for the faint of heart. It is a reimbursement process, which means that you need to first pay the tuition (although sometimes schools will make special payment arrangements) and then seek to have it reimbursed by your school district. There are agencies and attorneys equipped to handle this very technical area. We suggest you use one.