Special Education Questions

Section Eight - Private School

When will the Board of Education or other NYS school districts pay for a private school?

There are three ways that the Board of Education will pay for a private school:

1. Nickerson letter (only in New York City): If the CSE fails to offer your child an appropriate placement within 75 days from the date of request for evaluation, within 65 days from the date of consent to evaluation, or within 30 days from the day of the CSE review that made the program recommendation, the Board of Education should automatically give you a Nickerson letter. In this letter, the Board offers to pay your child's tuition at any state approved non-public school that accepts your child for the remainder of the school year, or, if you enroll after April 1, until the end of the next school year. With the Nickerson letter, you will receive a list of the schools in which you may enroll your child. You should be aware that this list of schools is limited, and a Nickerson letter does not guarantee that you will be able to find a place in one of these private schools for your child. If the CSE offered you a site or sites, but you feel their recommendation was inappropriate, you may also request a Nickerson letter from the CSE, but it will be more difficult to obtain one.
2. Non-Public School Recommendation: The CSE review team may agree that there is no appropriate program for your child in the New York public school system. In these cases the CSE will make a program recommendation for a non-public school on your child's IEP. The placement officer and the Central Board Support Team should then look for a non-public school for your child.
3. Carter School Reimbursement: In some cases the school districts will reimburse parents for the tuition of private schools that are not on the state approved list. In order to be reimbursed for a private school, parents must
   a) notify the CSE ten business days (at least two weeks) in advance that they are planning to place their child in a private school; and
   b)prove to an impartial hearing officer that the Board of Education failed to provide an appropriate placement, that the private school in question is appropriate, that equity supports the parental placement, and that the costs of the school are reasonable.
   Since these can be difficult cases, it is often advisable to have an attorney prepare your case.

Is it possible for the Board of Education or other school district to pay for a private school that has not been state approved?

Yes, this is possible, but it is not common. The main method is Carter School Reimbursement for private school tuition (see above.) Parents who cannot afford to pay a private school up front and then wait for reimbursement may also seek prospective payment from the Board of Education through an impartial hearing or through a court hearing for preliminary injunction under Connors v. Mills, 34 F.Supp.2d 795 (N.D.N.Y. 1998). Also, if the Board agrees that the non-approved school is the only one that can provide an appropriate education for the child, the Board may provide emergency approval for the school. If you want to try any of these methods of reimbursement, you should seek assistance of an attorney.

continue with Section Nine, on Section 504.

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