NC Education Code · NC Policy Manual

NC 1501-8.1 Placement of Children by Parents if FAPE is at Issue

Plain English summary

This regulation addresses the financial responsibility of LEAs when parents unilaterally place a child with a disability in a private school. LEAs are not required to fund private placements when FAPE was available, but courts or hearing officers may order reimbursement if the LEA failed to provide FAPE in a timely manner and the private placement is appropriate. Reimbursement may be reduced or denied based on whether parents provided proper notice of their intent to remove the child from public school.

Key requirements

  • An LEA is not required to pay for the cost of education at a private school or facility if that agency made FAPE available to the child and the parents elected to place the child in a private school or facility.
  • The public agency must include that child in the population whose needs are addressed consistent with the provisions for parentally-placed private school children with disabilities.
  • Disagreements between the parents and an LEA regarding the availability of a program appropriate for the child, and the question of financial reimbursement, are subject to the due process procedures in NC 1504-1.5 through NC 1504-1.21.
  • A court or a hearing officer may require the LEA 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.
  • At the most recent IEP meeting that the parents attended prior to removal of the child from the public school, the parents did not inform the IEP Team that they were rejecting the placement proposed by the LEA to provide FAPE to their child, including stating their concerns and their intent to enroll their child in a private school at public expense.
  • At least ten (10) business days (including any holidays that occur on a business day) prior to the removal of the child from the public school, the parents did not give written notice to the public agency of the information described in paragraph (d)(1)(i) of this section.
  • The cost of reimbursement must not be reduced or denied for failure to provide the notice if the school prevented the parent from providing the notice.
  • The cost of reimbursement must not be reduced or denied for failure to provide the notice if the parents had not received notice of procedural safeguards required by NC 1504-1.5.
  • The cost of reimbursement must not be reduced or denied for failure to provide the notice if compliance with paragraph (d)(1) of this section would likely result in physical harm to the child.
  • The cost of reimbursement may, in the discretion of the court or a hearing officer, not be reduced or denied for failure to provide this notice if the parent is not literate or cannot write in English.
  • The cost of reimbursement may, in the discretion of the court or a hearing officer, not be reduced or denied for failure to provide this notice if compliance with paragraph (d)(1) of this section would likely result in serious emotional harm to the child.

Affected parties

  • parents of children with disabilities
  • local education agencies (LEAs)
  • state education agency (SEA)
  • children with disabilities placed in private schools
  • IEP teams
  • hearing officers
  • courts

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=36