What Is Tuition Reimbursement and How Does It Work in NYC?
If your child has a disability and the New York City DOE cannot provide them with an appropriate education, you may have the right to enroll them in an appropriate special education private school and seek reimbursement from the DOE for the tuition. Tuition funding claims are the most common matters we handle at Mastrangelo & Saul.
The Legal Foundation
Tuition reimbursement is rooted in the Individuals with Disabilities Education Act (IDEA) and a pair of Supreme Court cases (Burlington School Committee v. Department of Education and Florence County School District v. Carter) that together established: parents who unilaterally place their child in a private school can seek reimbursement from the school district if the public school failed to provide a free appropriate public education (FAPE) and the private school placement was appropriate.
The Three-Part Test
To win a tuition funding case, an Impartial Hearing Officer (IHO) has to find that:
The DOE's proposed program was not appropriate (it did not provide FAPE).
The private school you chose was appropriate for your child's needs.
The overall circumstances favor reimbursement.
The third part is where procedural steps like the 10-day notice become relevant.
The 10-Day Notice Requirement
Before you enroll your child in a private school and seek tuition funding at public expense, you must give written notice to the DOE at least 10 business days in advance. T
Failing to give proper notice can reduce the amount you recover. Courts have discretion here, and the timing and content of your notice matters.
What the Process Looks Like
Most tuition funding cases go to an impartial hearing, a formal legal proceeding where an IHO reviews the evidence and issues a decision. If you prevail, the DOE is ordered to reimburse tuition costs. Cases can also settle before a full hearing. Settlement negotiations involve the DOE's legal team and, on your side, typically an attorney.
What Can Be Reimbursed?
In most cases, reimbursement covers private school tuition. It can also cover transportation costs in some circumstances.
How Long Does It Take?
It depends. Some cases settle relatively quickly after filing. Others go to a full hearing and appeals, which can take a year or more. We give our clients a realistic timeline during the initial consultation based on the specifics of their case.
Is It Worth Pursuing?
Private school tuition in New York City can run from $50,000 to well over $100,000 per year. If your child is in a private school that is genuinely meeting their needs, and the DOE has failed to offer an appropriate program, reimbursement cases can be worth pursuing.
That said, not every case is a winner, and we will be honest with you about that from the start. If you are thinking about a private school placement, the earlier you consult with us, the better positioned you will be.
Mastrangelo & Saul | New York City Special Education Law | This content is for informational purposes only and does not constitute legal advice.