Private School Placement in NY: How to Get the District to Pay

In New York City, there is a harsh reality: The public schools often cannot handle complex needs. Whether your child has dyslexia, autism, or a language-based learning disability, the "appropriate" program often only exists in private schools.

But with tuition at schools like Windward, Stephen Gaynor, or Aaron School topping $80,000 a year, most families are priced out.

However, under two landmark Supreme Court cases (Burlington and Carter), you have the right to force the NYC Department of Education (DOE) to pay that tuition—if you follow the rules exactly.

The Strategy: "Unilateral Placement" (The Carter Case)

In a "Carter Case," you do not ask for permission. You take action.

You enroll your child in the private school, pay the tuition upfront (or sign a contract), and then sue the DOE for Tuition Reimbursement. To win, you must prove three things to an Impartial Hearing Officer (IHO). This is known as the "Three-Prong Test".

Prong 1: The District Failed

You must prove that the public school's offer (the IEP or the physical classroom) was inappropriate. Did the IEP lack specific reading goals? Was the class size too large? If the DOE failed to offer FAPE (Free Appropriate Public Education), you win Prong 1.

Prong 2: The Private School Works

You must prove that your chosen private school is appropriate. Crucial NY Law: The private school does NOT have to be "State Approved." It just has to provide instruction specially designed to meet your child's needs. If your child is making progress there, you win Prong 2.

Prong 3: The Equities (You Played Nice)

You must prove that you cooperated with the district. Did you attend the CSE meetings? Did you let them evaluate your child? If you "obstructed" the process, the judge can deny your reimbursement.

The "Connors" Exception: If You Can't Afford to Pay Upfront

A traditional Carter Case requires you to act as the bank—paying tuition and waiting 1-2 years for reimbursement. But what if you don't have $80,000?

The "Connors" Case (Direct Funding)

Under the Connors precedent, low-income families can sue for Prospective Payment (Direct Funding). You must prove:

The 3 Prongs above.
Financial Hardship: You must show financial documents proving you absolutely cannot afford the tuition.

If you win a Connors case, the DOE pays the school directly.

The Dealbreaker: The "10-Day Notice" Letter

This is where 50% of parents lose their case before it starts.

Under the IDEA, you MUST give the school district written notice at least 10 business days before you remove your child from public school and enroll them in private school.

The "Fatal Flaw" Warning

If you sign a private school contract on August 25th, but you didn't send your notice letter until August 20th, you can be denied reimbursement.

You must send the letter, wait 10 business days, AND THEN sign the contract/enroll.

Does NYC Actually Pay?

Yes. The NYC DOE pays out hundreds of millions of dollars in Carter/Connors funding every year. In fact, for many "clear cut" cases (where the DOE knows they failed), they will often settle with you before the hearing begins to avoid legal fees. But they only settle if your paperwork is bulletproof.

Get the Private Placement Roadmap

You are about to make an $80,000 gamble. Don't do it without a strategy. I’ve created a Private Placement Strategy Guide that includes:

✅ The "10-Day Notice" Script (Exact legal wording required)
✅ Carter vs. Connors Checklist (Which one do you qualify for?)
✅ Evidence Organizer (What to save for your hearing)

Download the Strategy Guide (Coming Soon)

Protect your investment. Secure your child's future.

Frequently Asked Questions

Do I have to wait for the school to say "No" before I can sue?

Not exactly. You usually have to wait for the DOE to fail to offer a valid IEP by the start of the school year, or offer an inappropriate one. Once they fail Prong 1, you can trigger your notice.

Does the private school have to be on a special list?

No. For a Carter Case, the school does not need to be on the "Section 853" approved list. It simply must be appropriate for your child's educational needs.

How long does reimbursement take?

It is a slow process. Even if you win, it can take months for the NYC comptroller to issue the check. Families often need bridge loans or savings to survive the first year.

What If You Want the Complete Strategy?

Winning a Carter Case requires acting like a lawyer before you even hire one. The IEP Battle Plan gives you the tactical roadmap for the months leading up to the lawsuit.

How to "set the trap" in CSE meetings to prove Prong 1.
How to organize your binder for the Impartial Hearing Officer.
When to settle and when to push for a full hearing.

$497 one-time payment. Lifetime access.

Learn more about the Battle Plan →

Related Resources

For more on NYC special education:

NYC 60-Day Evaluation Timeline - Often the first failure in a Carter Case.
How to File for an Impartial Hearing - The legal mechanism for reimbursement.

Legal Disclaimer: I am a parent with experience in IEP advocacy, not an attorney. This site shares information and personal experience, not legal advice. For legal representation, please consult a special education attorney in your state.