IDEA may permit reimbursement for a unilateral private placement when a public agency failed to make FAPE available in a timely manner and the private placement was appropriate. Reimbursement can be reduced or denied for reasons identified in federal law, including some notice and evaluation issues. Whether those standards are met depends on the complete record; private enrollment alone does not establish a right to reimbursement.
The parents sought reimbursement after placing a deaf or hard-of-hearing student in a private program. The ALJ concluded that SDUSD had made FAPE available and denied the reimbursement claims. The decision illustrates the statutory rule that a district is not required to pay private-school costs when its public offer was appropriate.
In a dispute arising during COVID-19 restrictions, the ALJ found FAPE violations involving services, goals, placement decision-making, and parental participation. The remedies included reimbursement and additional educational measures. The result turned on that student’s evidence and the specific IEP record.
The ALJ addressed procedural issues including parental participation, required team members, and whether the written offer was clear and specific. The decision is an example of how a procedural violation can matter when it impedes participation or affects the educational program.
In Capistrano Unified School District v. S.W., 21 F.4th 1125 (9th Cir. 2021), the Ninth Circuit addressed a district’s duties after parents unilaterally placed a student in private school. The court rejected a freestanding annual-IEP requirement under the facts before it when the parents had not requested a new IEP. Families considering public services or a return to public school should communicate that interest clearly and in writing. The holding should be applied to the facts of a particular case, not treated as a blanket rule that ends every district obligation.
Private-placement disputes carry financial and legal risk. Families should consult current official materials and consider individualized advice from a qualified special-education attorney or advocate before acting.
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Links below are authoritative starting points. Historical case summaries are selective, not a complete survey of later decisions, and cannot predict an individual outcome.