Private school placement: parent-placed vs district-placed

By the IEP Atlas editorial teamLast updated November 1, 2026

Short answer

When you choose a private school on your own, your child no longer has a right to a full IEP from the district. Your child may get some services through a services plan, decided by the district. When the district places your child in a private school to provide FAPE, your child keeps a full IEP at no cost to you. Ask: who chose the school, and why?

Private school students with disabilities fall into two very different groups under federal special education law. The difference comes down to who made the placement and why.

Parentally placed: You enroll your child in a private school by your own choice. Your child does not have an individual right to all the services they would get in public school. The district where the private school is located must find and evaluate children, and it spends a set share of federal money on services for this group.
District placed: The IEP team decides a private school is where your child can get a free appropriate public education. The district pays, and your child keeps every right of a public school student.

The rules for both groups are in the federal regulations for Part B of IDEA.^[1] States may add their own programs, so check your state's rules too. For how placement is decided in general, start with the least restrictive environment guide.

The deciding question

Ask: "Who chose the private school, and was it to provide FAPE?"

If you chose it and the district had offered FAPE, your child is parentally placed.
If the IEP team chose it as the place your child's IEP can be carried out, your child is district placed.
If you chose it because you believe the district did not offer FAPE, your child is parentally placed for now, but you may ask a hearing officer or court to order the district to pay you back.^[2]

Side-by-side table

	Parentally placed	District placed
Who chose the school	You	The IEP team, including you
Who pays tuition	You	The district, at no cost to you
Plan your child gets	A services plan, if the district offers services^[5]	A full IEP
Individual right to all IEP services	No^[6]	Yes
Who decides which services	The district, after consulting with private schools and parent representatives^[7]	The IEP team
Who finds and evaluates your child	The district where the private school is located	The district responsible for your child's FAPE
Procedural rights	Limited; child find complaints can go to due process^[8]	All the same rights as a public school student
Legal basis	Federal rules on parentally placed private school children^[9]	Federal rules on children placed by public agencies^[1]
Where it is documented	Services plan	IEP, with the private school as placement

How services work when you choose a private school

The district where the private school is located must look for and evaluate children with disabilities enrolled there, just as it does for public school students.^[3]^[10] If your child is found eligible, the district must offer to develop an IEP if you enroll your child in public school. If your child stays in the private school, the district may offer services through a services plan.

Districts receive a limited share of federal money for parentally placed children as a group. After talking with private school leaders and parent representatives, the district decides which services it will offer, to which children, and where. That means your child may get some speech therapy or consultation, but not every service listed in a past IEP. Some states require more than the federal rules do.

You can also keep your child's eligibility current. Your child can be reevaluated, and you can return to public school and ask for an IEP at any time.

How district-placed private school works

Sometimes no public setting can deliver what a child's IEP requires. The IEP team may then place the child in a private day or residential school. In that case, the district pays for tuition and related costs. The child keeps a full IEP and all procedural rights. The district stays responsible for making sure the IEP is carried out, even though private school staff do the daily teaching.

This is a placement on the continuum of placements, so the LRE rules still apply. The team should explain why a less restrictive public setting would not work.

Three scenarios

The family picks a faith-based school

Emma had an IEP for speech in her public school. Her parents enroll her in a faith-based school across town because they want religious education. The district had offered her IEP.

Answer: parentally placed. Emma no longer has an individual right to her full IEP. The district where her new school is located may offer speech services through a services plan, depending on its plan for this group.

The team picks a specialized school

Jonah is deaf and uses ASL. No public school in the region has teachers or peers who sign. The IEP team places him in a private school for the deaf.

Answer: district placed. The district pays tuition and transport. Jonah keeps his full IEP and all his rights.

The family disagrees with the IEP

Maya's parents believe the district's offer will not meet her needs. They enroll her in a private school for students with dyslexia and ask the district to pay.

Answer: parentally placed, with a reimbursement claim. A hearing officer or court may order reimbursement if it finds the district did not make FAPE available in time and the private school is appropriate. Reimbursement can be reduced or denied if the parents did not give the district notice first, either at the most recent IEP meeting or in writing at least 10 business days before removing their child.^[2] Families in this situation often get help from an advocate or attorney.

Questions to ask

"If I choose a private school, which district will evaluate my child?"
"What services does the district offer to children in private schools this year?"
"Will my child get a services plan, and who writes it?"
"Where will services happen: at the private school, a public school or another site?"
"If we return to public school, how quickly can we hold an IEP meeting?"

What to do next

Before you enroll, ask the district for its written plan for services to private school students. Keep copies of your child's last IEP and evaluations. If you are thinking about asking the district to pay because you disagree with the IEP, read your procedural safeguards notice closely, especially the notice requirement. The special education rights guide summarizes your options. For free help, contact your state's Parent Training and Information Center through the Center for Parent Information and Resources.^[4]

Families considering a public online program should read IEPs in virtual school, because public virtual schools follow different rules from private schools. This is general information, not legal advice.

Frequently asked questions

Does my child keep their IEP in private school?

Not if you chose the private school on your own. Your child may get some services through a services plan. If the district placed your child in the private school, your child keeps a full IEP.

Can my child get speech therapy at a private school?

Possibly. The district where the private school is located decides which services it offers to parentally placed children as a group. Ask for its current plan. Some states offer more than the federal minimum.

Is homeschooling the same as private school for IEP purposes?

States treat homeschooling differently. In some states homeschool students are treated like private school students for services; in others they are not. Ask your state education agency or Parent Training and Information Center.

Use it in IEP Atlas

Sources

34 CFR Part 300: Assistance to States for the Education of Children with Disabilities, eCFR (National Archives)
34 CFR §300.148: Placement of children by parents when FAPE is at issue, U.S. Department of Education (IDEA website)
34 CFR §300.111: Child find, U.S. Department of Education (IDEA website)
Center for Parent Information and Resources, CPIR
34 CFR §300.132: Provision of services for parentally-placed private school children with disabilities, basic requirement, Legal Information Institute, Cornell Law School
34 CFR §300.137: Equitable services determined, Legal Information Institute, Cornell Law School
34 CFR §300.134: Consultation, Legal Information Institute, Cornell Law School
34 CFR §300.140: Due process complaints and State complaints (parentally-placed private school children), Legal Information Institute, Cornell Law School
34 CFR §300.130: Definition of parentally-placed private school children with disabilities, Legal Information Institute, Cornell Law School
34 CFR §300.131: Child find for parentally-placed private school children with disabilities, Legal Information Institute, Cornell Law School

Written and checked by the IEP Atlas editorial team under our editorial policy. This guide describes general practice and federal rules. It is not legal advice; your state may add requirements, and the IEP team makes the decisions for each student.