Special Education Services for Students in Massachusetts Private Schools
If you place your child in a private school at your own expense, including a religious school, your child does not necessarily lose the right to receive special education services from your local public school district.
This applies to parents who voluntarily choose private school for their children. It is different from a district-funded out-of-district placement or a unilateral placement, where parents enroll their child in a private special education school because they believe the public school district has failed to provide an appropriate education and seek tuition reimbursement.
While federal law provides for limited equitable services through proportionate-share funding, Massachusetts law offers additional protections.
Under 603 CMR 28.03(1)(e), Massachusetts school districts must provide eligible private school students with special education services that are comparable in quality, scope, and opportunity for participation to those provided to public school students with needs of equal importance.
However, this does not necessarily mean your child will receive the same services they would receive in public school. Services may be provided at a public school or another public or neutral location rather than at your child's private school.
If you believe your district is not offering appropriate special education services because your child attends private school, an experienced Massachusetts special education attorney can help you understand your rights and advocate for your child's educational needs.
Contact Noble Education Law to learn how we can help.
