Resources · Tuition Reimbursement
NYC private school tuition reimbursement: how Carter cases work
When the New York City Department of Education fails to offer a child with a disability an appropriate program, federal law lets parents place the child in a private school and seek public funding for the tuition. These claims are called Carter cases. SixOneThree PLLC is a boutique New York City special education law firm whose managing attorney has personally litigated more than 700 impartial hearings, with tuition reimbursement as a core practice area.
The legal foundation
The Individuals with Disabilities Education Act (IDEA) requires school districts to provide every eligible child a Free Appropriate Public Education, known as FAPE. Two Supreme Court decisions, Burlington (1985) and Carter (1993), established that when a district fails to do so, parents may unilaterally enroll their child in an appropriate private school and recover the tuition. In New York City this plays out through a due process complaint and an impartial hearing against the DOE.
Will the NYC DOE pay for my child's private school?
Often yes, when three things are true: the DOE failed to offer your child a Free Appropriate Public Education (FAPE), the private school you chose is appropriate for your child's needs, and the equities favor you, which mostly means you cooperated with the process and gave proper notice. This is called a Carter case, after the 1993 Supreme Court decision in Florence County School District Four v. Carter. Parents who prevail can recover tuition through an impartial hearing or settlement.
What is the three prong Burlington Carter test?
Prong one: the school district failed to offer FAPE, for example an IEP missing needed services or a placement that cannot implement it. Prong two: the parent's chosen private placement is appropriate, meaning it is reasonably calculated to provide educational benefit. The school does not need to be state approved or perfect. Prong three: equitable considerations support the parent, including timely ten day notice and cooperation with the Committee on Special Education.
What is the ten day notice and why does it matter?
Before removing a child to a private school at public expense, parents must give the school district written notice at least ten business days before the removal. The notice should explain why the public program is inadequate, identify the private school, and state the intent to seek public funding. Missing or vague notice is one of the most common ways families weaken an otherwise strong reimbursement claim.
What is the difference between Carter and Connors funding?
Carter reimburses parents for tuition they have already paid once they prevail. Connors funding orders the DOE to pay the school directly when parents prove they cannot front the tuition, in addition to meeting the standard three prongs. Connors is how families without the resources to prepay tuition can still access an appropriate private placement.
What is a Nickerson letter?
When the DOE misses its legal timeline to evaluate or place a child, typically 60 days from consent to evaluate, the family may be entitled to a Nickerson letter, also called a P1 letter. It authorizes immediate enrollment in a state approved nonpublic school at public expense for that school year.
Do I need a lawyer for a tuition reimbursement case in NYC?
These cases are won on evidence, deadlines, and documentation: evaluations, progress data, IEP history, the ten day notice, and a record built for a hearing officer. The DOE is represented at hearings. Under IDEA, parents who prevail can also recover reasonable attorney fees from the district, which means strong cases are often handled at no net cost to the family.
How big is the Carter case system in NYC?
Very large. NYC has spent more than 700 million dollars a year on Carter tuition funding in recent years, with total private placement spending above 1 billion dollars, and families file well over ten thousand due process complaints annually. Hearings are administrative, most matters settle, and parents who proceed to hearing frequently prevail.
How SixOneThree approaches these cases
We audit the IEP history and service record, confirm the ten day notice is timely and specific, build the evidentiary record evaluations and hearing officers find persuasive, and litigate or settle through the impartial hearing process. As a boutique practice we take a limited docket so each family receives genuine attention, and we explain every step in plain language.
This page is general information, not legal advice, and reading it does not create an attorney client relationship.