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Posts Tagged ‘Due process complaint’

School districts are not prevented from offering tuition reimbursement (even to an unapproved private school) to settle a parent’s due process complaint

Tuesday, April 17th, 2012

Letter to Cort, 57 IDELR 291 (OSEP 2011): The United States Department of Education, Office of Special Education Programs (OSEP) stated that although the regulations interpreting the IDEA provide that a school district may be required by a court or hearing officer to reimburse parents for private school tuition when the school district fails to offer a student a FAPE, nothing in the law prevents a school district from offering such reimbursement as part of a settlement of a parent’s due process complaint or through parentally requested mediation.  OSEP stated that this would even apply if the parent’s unilateral placement was at a private school not approved by the state to provide special education services.

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