Requesting a Nonpublic School Placement at Public Expense in Maryland
Under Maryland law and the IDEA, if a public school cannot provide a Free Appropriate Public Education (FAPE), parents can unilaterally place their child in a specialized private school and seek tuition reimbursement. You must provide the district with a formal 10-day written notice before moving the child.
Securing the Right Placement for Your Child
When a child's educational, behavioral, or emotional needs are extremely complex, a traditional public school setting may simply not be enough. The 20 U.S.C. § 1412(a)(10)(C) states that if a local school district cannot provide a Free Appropriate Public Education (FAPE), it must pay for the child to attend a private or nonpublic school that can. In Maryland, this process is strictly regulated under Md. Code Regs. 13A.05.01.16.
For families in Columbia, Annapolis, and Bethesda, fighting a school district for private school tuition can be a highly contentious and legally demanding process. Districts fight hard to keep funds in-house. Finding an experienced special education attorney in our national lawyer directory is a crucial step if you intend to force the district to cover these massive tuition costs.
Step-by-Step Process in Maryland
Securing a nonpublic placement at public expense is rarely granted just by asking politely. It requires a strategic, legally calculated approach. Here is the general process parents must follow.
Step 1: Identifying the Denial of FAPE
Before you can demand private tuition, you must have concrete evidence that the Maryland public school is failing. This means documenting a lack of academic progress, severe behavioral regression, or the school's outright inability to implement the current Individualized Education Program (IEP). An independent educational evaluation (IEE) by a private psychologist is often necessary here.
Step 2: Providing the 10-Day Written Notice
This is the most critical step. Federal law requires parents to provide the public school with written notice at least 10 business days before pulling the child out. This notice must state that you are rejecting the proposed IEP, that you intend to enroll the child in a specific nonpublic school, and that you will be seeking public funding. Failing to give this exact notice can completely destroy your right to reimbursement.
Step 3: Unilateral Placement and Filing
After giving notice, you unilaterally place your child in the private school (which means you sign the contract and usually pay upfront). Then, your attorney will file a Form Request for Mediation and Due Process Complaint, Maryland, Maryland State Department of Education, Request for Mediation and Due Process Complaint at the Maryland Office of Administrative Hearings, Hunt Valley. The goal of this hearing is to prove the public school failed and the private school is appropriate.
Autism Spectrum Disorder Specialized Schools
Children with profound Autism Spectrum Disorder (ASD) often require highly specialized, scientifically validated instruction methods, such as Applied Behavior Analysis (ABA). If a Maryland public school tries to place an autistic child in a general life-skills classroom with minimal specialized staff, they are likely denying FAPE. Parents can fight to have the child placed in a dedicated Maryland-approved nonpublic autism program where every staff member is trained in behavioral interventions and communication supports.
Severe Dyslexia Programs
Severe dyslexia requires intensive, multisensory, evidence-based reading instruction (like Orton-Gillingham). Public schools frequently offer only 30 minutes of generalized resource room help, which is rarely enough for a student with profound decoding issues. If the public school fails to teach the child how to read after several years, parents have a strong legal argument to demand placement in a specialized private school dedicated entirely to language-based learning disabilities.
Emotional Disability Placements
Students diagnosed with serious emotional disabilities, severe anxiety, or trauma-related disorders may experience frequent school refusal, hospitalizations, or severe behavioral outbursts. When a public school cannot guarantee the child's safety or provide the intensive therapeutic environment required for them to learn, parents may seek a therapeutic day school or even a residential placement. The law requires the educational environment to address emotional needs if they directly impede the child's ability to learn.
The Carter/Burlington Reimbursement Standard
When you sue for tuition reimbursement, the judge will use a legal standard established by two Supreme Court cases: School Committee of the Town of Burlington v. Department of Education, 471 U.S. 359 (US Supreme Court 1985) and Florence County School District Four v. Carter, 510 U.S. 7 (US Supreme Court 1993). To win, you generally must prove three things:
1. The public school's IEP was inappropriate and failed to provide FAPE.
2. The private school you chose is appropriate for the child's needs.
3. The equities favor you (meaning you cooperated with the school and gave the proper 10-day notice).
Burden of Proof and Timelines
In Maryland, as established by Schaffer v. Weast, 546 U.S. 49 (US Supreme Court 2005) (a case originating from Montgomery County, Maryland), the burden of proof in a due process hearing falls on the party bringing the complaint. This means the parents must prove the school failed; the school does not have to prove it succeeded. This heavy burden is exactly why expert witnesses are mandatory. A due process hearing generally takes several months to schedule, conduct, and receive a final written decision from the Administrative Law Judge.
How Much Does it Cost in Maryland?
| Cost Category | Estimated Amount |
|---|---|
| Private School Tuition (Upfront) | $30,000 to $80,000+ per year |
| Expert Evaluations (IEE) | $3,000 to $6,000 |
| Attorney Retainer Fees | $5,000 to $15,000 |
| Hearing Officer / Court Filing | $0 (No filing fee in MD) |
Frequently Asked Questions (FAQ)
Does the private school have to be state-approved?
Not necessarily. Under the Carter precedent, parents can be reimbursed for a private school that is not on the state's approved list, as long as the school provides an appropriate education for the child's specific disabilities.
What happens if I forget the 10-day notice?
Failing to provide the 10-day written notice before withdrawing your child can result in a judge significantly reducing or completely denying your request for tuition reimbursement, regardless of how badly the public school failed.
Will the school district provide transportation to the private school?
If the IEP team agrees to the nonpublic placement, or if a judge orders it, the local school district is generally responsible for providing or funding transportation to and from the facility.
Can I get reimbursed for past years?
Generally, you can only seek reimbursement for the current legal dispute. The statute of limitations for special education claims in Maryland is typically two years from when you knew or should have known about the denial of FAPE.
No reviews yet. Be the first to share your experience!