“We Can’t Afford That” — Cost Is Not A Legal Excuse

(Part 2 of the series: Top IEP/504 Flaws and What You Can Do About Them)

Parents often hear, “We can’t afford that.” A team may agree your child would benefit from a service, accommodation, or assistive technology, then say the district lacks the budget. Here is how to respond.

The Problem

If your child needs a service or accommodation to make meaningful educational progress, the district cannot deny it because of cost. Examples include a 1:1 aide, assistive technology, or specialized instruction required to access the curriculum.

There is a legal difference between beneficial and necessary. Schools cannot deny what is necessary, but they may choose a cost-effective option when multiple solutions meet the need. If assistive technology is required, you cannot compel the most expensive device when a less costly tool works just as well.

What You Can Do

• Document necessity, not preference. Ask evaluators and teachers to state that the recommendation is required for access and progress, and to describe what happens without it.

• Push back on cost arguments. If a service is necessary for your child to receive a Free Appropriate Public Education (FAPE), cost is not a valid reason to deny it.

• Know your rights under IDEA and Massachusetts law. Your child is entitled to an IEP that meets their unique needs regardless of district budget limits.

Get Support

If your district is resisting based on cost, you do not have to handle this alone. A Massachusetts special education attorney can help you secure the services your child needs.

Contact Boston-area lawyer Lillian E. Wong at Noble Education Law for help with IEP or 504 plan disputes.

Quick FAQ

Can a school deny a 1:1 aide because it is too expensive?
No. If a 1:1 aide is necessary for access or progress, the district must provide it.

Can the district pick a cheaper tool instead of the device I prefer?
Yes, if the cheaper tool meets the need equally well.

What proof should I collect?
Independent and school evaluations, data on lack of progress, teacher reports, and clear recommendations that use words like “necessary,” “required,” and “for access.”