Tuition Reimbursement Basics

What is tuition reimbursement and how does it work in NYC?

Under the federal Individuals with Disabilities Education Act (IDEA), every student with a disability has a right to a Free Appropriate Public Education (FAPE). 

“Tuition reimbursement” refers to a legal pathway where parents can seek reimbursement from the New York City Department of Education (NYC DOE) if they place their child in a private special‑education school because the public school system failed to provide an adequate or appropriate program under the child’s Individualized Education Program (IEP). 

In other words: if the public school (or DOE) doesn’t meet the child’s needs under FAPE, parents may pay privately — then ask DOE to reimburse them or require DOE to pay — under certain circumstances. 

To be eligible for tuition reimbursement (or funding for private placement), families generally need to follow a two‑step legal standard, often called the Burlington/Carter test.

Specifically, parents must demonstrate:

1. The public school (or DOE) failed to provide FAPE — meaning the IEP or public school services were inappropriate, insufficient, or poorly implemented for the child’s needs. 
2. The private school selected is appropriate — The standard hinges on whether the private school provides instruction that is specially designed to meet the unique needs of a student by adapting the content, methodology, or the delivery of the instruction based on the individual needs of the student.
3. Equities favor reimbursement — meaning the parents followed required procedures (for example, notifying the district before withdrawing the child, giving adequate notice, cooperating in evaluations, etc.), and the cost and placement are reasonable.

The burden of proof is on the school district during an impartial hearing, except that a parent seeking tuition reimbursement for a unilateral placement has the burden of proof regarding the appropriateness of such placement.

How long does the tuition reimbursement process take?

In NYC, the tuition reimbursement process is notoriously slow, and the timeline depends on whether the case settles or goes to a full hearing. It can take as long as two years in some instances.

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