Special Education Tuition Reimbursement Claims

Abstract

The ability of parents of children with disabilities to seek reimbursement for private school tuition is one of the most controversial aspects of special education law. Using a comprehensive sample of published court and hearing officer decisions regarding tuition reimbursement, this study, expanding on previous research, quantified the frequency and outcomes of tuition reimbursement disputes. It revealed that the annual average number of such claims has increased over time. It also demonstrated that there was a significant difference in case outcomes between the administrative and judicial forums, but there was no significant difference in case outcomes among the successive time periods marked by two U.S. Supreme Court decisions on tuition reimbursement (i.e., Burlington School Committee v. Department of Educ. (1985), Florence County School District Four v. Carter (1993)) and, most recently, the Individuals with Disabilities Education Act Amendments of 1997.