Many San Diego parents reach a breaking point: the school isn’t providing what their child needs, so they pay for private tutoring, speech therapy, or a specialized program themselves — sometimes tens of thousands of dollars over several years. A common and important question follows: can any of that be reimbursed?
The legal test, in two parts
Under the U.S. Supreme Court’s Burlington and Carter decisions, parents can recover reimbursement when (1) the school district failed to offer a Free Appropriate Public Education (FAPE), and (2) the private service the parents obtained was appropriate to the child’s needs. Both parts matter, but neither requires perfection.
A common misconception: “but the tutoring didn’t fully work”
Districts sometimes argue that if a child’s privately obtained tutoring or therapy didn’t produce dramatic, measurable gains, it must not have been “appropriate” — and therefore shouldn’t be reimbursed. Courts have specifically rejected this argument. Appropriateness is judged by whether the service was reasonably designed to meet the child’s needs at the time it was chosen, not by grading the outcome years later. A private program doesn’t have to guarantee results any more than a public school district’s IEP does.
What actually matters for a reimbursement claim
- Clear documentation that the district’s own program wasn’t providing meaningful progress (report cards, progress notes, evaluations).
- Evidence the private service was individually matched to your child’s diagnosed needs — not simply the most convenient or popular option.
- Timely written notice to the district, where required, of your intent to seek private services at the district’s expense.
- Reasonable, market-comparable costs for the services obtained.
Don’t assume it’s too late, or too complicated
Reimbursement claims are subject to filing deadlines, so it’s worth getting advice sooner rather than later even if the spending happened over several years.
Do I need the district’s permission before starting private services?
No, but there are notice rules worth following carefully. To preserve full reimbursement, parents generally need to notify the district’s IEP team — in writing, before removing the child from a public placement or starting the private service, or at the most recent IEP meeting — of their concerns and their intent to seek reimbursement. Skipping this step doesn’t necessarily kill a claim, but it can reduce what’s recoverable, so it’s worth doing even if you’re planning to start services quickly. If your San Diego family has spent significant money on tutoring or therapy your school district should have provided, we can help you evaluate whether a reimbursement claim makes sense.
