The 10-Day Notice Rule: What Parents Need to Know
If you are considering pulling your child out of their DOE program and enrolling them in a private school at public expense, there is a procedural step you cannot skip. It is called the 10-day notice, and getting it right can make a real difference to your case.
What Is the 10-Day Notice?
Under the Individuals with Disabilities Education Act (IDEA), parents who intend to enroll their child in a private school and seek reimbursement from the school district must provide written notice to the school district at least 10 business days before making the move. The purpose of the notice is to give the DOE a chance to respond, potentially by offering a different program, before you take action.
What Should the Notice Say?
The notice should clearly state:
That you have concerns about the program the DOE is offering or has offered your child
That you believe the DOE has failed (or will fail) to provide a free appropriate public education (FAPE)
That you intend to enroll your child in a private school at public expense
The notice does not need to be a formal legal document. It should be written clearly and specifically, and you should send it in a way that creates a record.
When Should You Send It?
Ideally, you send the notice before the school year begins, once you have made the decision to pursue a private placement. In practice, many families are still evaluating their options in late spring or early summer. Do not wait until the last minute.
The 10-day clock runs in business days, not calendar days, so factor weekends and holidays into your timing.
What Happens If You Do Not Send It?
If you fail to provide the required notice, a court or hearing officer may reduce the amount of tuition you can recover, or deny reimbursement entirely. However, this is not automatic. Courts have discretion, and the failure to provide notice can sometimes be excused if there are good reasons for it. That said, there is no upside to skipping it.
Can You Send It Late?
If you have already made the move without sending notice, you may still have options. Consult with an attorney as soon as possible. The sooner you address it, the better your position.
What Happens After You Send It?
The DOE may respond by offering an amended placement or program. You do not have to accept it. You can still proceed with the private placement. But you should document the response and factor it into your case.
If you have questions about the 10-day notice or are trying to figure out the right timing for a private placement, we are happy to talk it through with you.
Mastrangelo & Saul | New York City Special Education Law | This content is for informational purposes only and does not constitute legal advice.