If a District cannot provide a FAPE for a child in-district, a child may be entitled to a private school education at the district’s expense. Parents may be reimbursed or receive prospective payment for tuition and related expenses for a private placement if:
1. There is a determination that the child’s IEP offered by the District was inappropriate;
2. There is a determination that the private school of the parent’s choice was appropriate; and
3. The parents were cooperative with the District and did nothing to inhibit the district from offering an appropriate program for their child – the equities weigh in favor of the parents.
The landmark cases pertaining to tuition reimbursement are the Burlington case and the Carter case, resulting in what is often referred to as the Burlington/Carter standard, the standard referenced above.