District Must Reimburse Two-Thirds of Private Residential School Costs After Child Find Failures

A highly intelligent student with a severe processing speed disorder, anxiety, and social phobia attended a private high school within Sequoia Union High School District's boundaries for two years without the district maintaining contact or offering IEPs. When the student's mental health crisis led parents to place her in a Utah residential treatment program and then a non-public school, the district was found to have denied FAPE through child find failures and procedural violations. The ALJ ordered the district to reimburse parents two-thirds of their Alpine Academy costs — $76,438.62 — reducing the award by one-third due to parents' failure to provide required 10-day notice before the private placement.

What Happened

Student is a highly intelligent young woman who, despite scoring in the 98th percentile for overall cognitive ability, has a severe processing speed deficit (4th percentile), anxiety disorder, social phobia, and eventually was found eligible for special education under the category of emotional disturbance. She received special education services through Menlo Park City School District from third through eighth grade, primarily under the category of specific learning disability for written expression difficulties. In spring 2011, after a devastating visit to Menlo-Atherton High School left her declaring she would "never set foot in there again," her parents enrolled her in Mid-Peninsula, a private high school within Sequoia Union High School District's geographic boundaries. Parents notified District she would not be attending Menlo-Atherton, but District failed to follow its own practice of maintaining contact with privately-placed students with disabilities, never offered annual or triennial IEPs, and effectively lost track of Student for over two years.

By 2013, Student's mental health had deteriorated severely — she had previously been hospitalized after a self-harm incident in 2011, and by May 2013 she was hiding from classes and showing signs that alarmed her parents. Parents placed her in a wilderness program and then, in July 2013, in Alpine Academy, a California-certified non-public residential school in Utah for emotionally disturbed adolescents. Parents contacted District in June 2013 requesting an assessment, but District indicated it would not begin the process until after the school year started. No written IEP offer was made to parents until January 2014 — well into the school year. When District finally offered a placement in fall 2014, parents rejected it in favor of a private day school called Lydian Academy. Student ultimately graduated from Lydian with a diploma. This case involves parents' request for reimbursement of costs they paid for Alpine Academy and other private placements.

What the District Did Wrong

Child Find Failure (Issue 1b): District failed to identify, locate, and evaluate Student and convene an IEP team meeting after she enrolled in a private school within its boundaries. District's own practice was to maintain contact with privately-placed students with disabilities and offer annual and triennial IEPs — but it did nothing for Student between April 2011 and June 2013, effectively losing track of her entirely.
Failure to Timely Assess (Issue 2): When parents submitted a written assessment request on June 21, 2013, District failed to conduct the assessment in a timely manner. District told parents the process would not begin until after the school year started, and the assessment was not completed until November 2013 — months after Student had already been placed at Alpine Academy.
Failure to Offer Administrative IEP Placement at Start of Year (Issue 3a): District failed to have any IEP or placement offer in place for Student at the start of the 2013–2014 school year, despite knowing Student was re-enrolling in District.
Failure to Make Specific Written Placement Offer (Issue 3c): At the November 26, 2013 IEP team meeting, District failed to make a specific written offer of placement, leaving parents without clear information about what District was proposing.
Failure to Provide Complete IEP Document (Issue 3d): District failed to provide parents a complete written IEP document from the December 10, 2013 IEP team meeting until March 7, 2014 — nearly three months later — depriving parents of the ability to meaningfully review and respond to the offer.
District Prevailed On Several Issues: The ALJ found that District's June 27, 2014, July 9, 2014, and January 9, 2015 IEP offers (for the STARS 1 therapeutic classroom at Woodside High School) were substantively appropriate and reasonably calculated to provide FAPE. The ALJ also found that District did not materially fail to implement the agreed-upon therapy services in the July 9, 2014 IEP — a single missed appointment was a minor discrepancy, not a denial of FAPE. Parents' preferred placement at Lydian Academy, while strongly desired, was not required because IDEA does not mandate the best or most preferred program, only one that is appropriate.

What Was Ordered

Reimbursement of Alpine Academy Costs at Two-Thirds: District was ordered to reimburse parents $76,438.62 within 60 days of the decision. This represents two-thirds of the total documented costs of $114,657.93 (covering tuition of $107,744, parents' travel of $5,106.33, and student's travel of $1,807.60).
Reduction of One-Third for Parents' Failure to Provide Notice: The award was reduced by one-third ($38,219.31) because parents did not provide District the required 10 business days' written notice before placing Student at Alpine Academy, and did not alert District to the specific urgency of the July 19, 2013 transition date from the wilderness program. The ALJ found that both parties failed their obligations, but District's failures were more impactful overall.
No Reimbursement for Lydian Academy: Parents' requests for reimbursement for Student's placement at Lydian Academy (the private day school for 2014–2015) were denied. District's STARS 1 offer was found to be an appropriate FAPE, and parents' rejection of that offer in favor of a preferred private placement did not entitle them to public funding.
No Compensatory Education: Student, who had already graduated, did not seek further special education placement or compensatory services, so no such relief was ordered.

Why This Matters for Parents

Districts must maintain contact with privately-placed students — and if yours doesn't, document it. Even when you enroll your child in a private school, the district of residence has child find obligations. If the district never contacts you to offer annual IEPs or assessments, that is a violation — and it can support a reimbursement claim later. Keep records showing the district knew your child lived in the district and had a disability.
Give the required 10-day written notice before any private placement, even in a crisis. IDEA requires parents to notify the district in writing at least 10 business days before removing a child from public school for a private placement at public expense. Failing to give this notice can reduce your reimbursement by a significant amount — here, one-third was cut. If you believe giving notice would cause serious emotional harm to your child, document that reasoning carefully and consult an advocate or attorney.
Be specific in your written communications with the district about urgency and timelines. In this case, the ALJ noted that parents' June 2013 letter requested an assessment but did not explain that Student needed a transitional placement by July 19, 2013. If parents had stated this urgency explicitly, District might have acted faster. When writing to your district, spell out exactly what your child needs and by when — do not assume the district will infer urgency.
A district's failure to provide a written IEP document promptly is a procedural violation that can constitute a denial of FAPE. Parents here waited nearly three months to receive a complete written IEP. This is not acceptable. After any IEP meeting, follow up in writing requesting the final document promptly, and note the date you received it. Delays in receiving the written IEP can prevent you from exercising your rights to accept, reject, or appeal the offer.
The district gets to choose an appropriate placement — not necessarily your preferred one. Even if a private school seems better suited to your child's needs, the district only has to offer a program that is "reasonably calculated to provide educational benefit" — not the best possible program. If you reject a placement the ALJ later finds appropriate, you may lose your reimbursement claim. Before rejecting a district offer, consult a special education advocate or attorney to assess whether the offer truly falls short of FAPE.

What Happened

What the District Did Wrong

Child Find Failure (Issue 1b): District failed to identify, locate, and evaluate Student and convene an IEP team meeting after she enrolled in a private school within its boundaries. District's own practice was to maintain contact with privately-placed students with disabilities and offer annual and triennial IEPs — but it did nothing for Student between April 2011 and June 2013, effectively losing track of her entirely.
Failure to Timely Assess (Issue 2): When parents submitted a written assessment request on June 21, 2013, District failed to conduct the assessment in a timely manner. District told parents the process would not begin until after the school year started, and the assessment was not completed until November 2013 — months after Student had already been placed at Alpine Academy.
Failure to Offer Administrative IEP Placement at Start of Year (Issue 3a): District failed to have any IEP or placement offer in place for Student at the start of the 2013–2014 school year, despite knowing Student was re-enrolling in District.
Failure to Make Specific Written Placement Offer (Issue 3c): At the November 26, 2013 IEP team meeting, District failed to make a specific written offer of placement, leaving parents without clear information about what District was proposing.
Failure to Provide Complete IEP Document (Issue 3d): District failed to provide parents a complete written IEP document from the December 10, 2013 IEP team meeting until March 7, 2014 — nearly three months later — depriving parents of the ability to meaningfully review and respond to the offer.
District Prevailed On Several Issues: The ALJ found that District's June 27, 2014, July 9, 2014, and January 9, 2015 IEP offers (for the STARS 1 therapeutic classroom at Woodside High School) were substantively appropriate and reasonably calculated to provide FAPE. The ALJ also found that District did not materially fail to implement the agreed-upon therapy services in the July 9, 2014 IEP — a single missed appointment was a minor discrepancy, not a denial of FAPE. Parents' preferred placement at Lydian Academy, while strongly desired, was not required because IDEA does not mandate the best or most preferred program, only one that is appropriate.

What Was Ordered

Reimbursement of Alpine Academy Costs at Two-Thirds: District was ordered to reimburse parents $76,438.62 within 60 days of the decision. This represents two-thirds of the total documented costs of $114,657.93 (covering tuition of $107,744, parents' travel of $5,106.33, and student's travel of $1,807.60).
Reduction of One-Third for Parents' Failure to Provide Notice: The award was reduced by one-third ($38,219.31) because parents did not provide District the required 10 business days' written notice before placing Student at Alpine Academy, and did not alert District to the specific urgency of the July 19, 2013 transition date from the wilderness program. The ALJ found that both parties failed their obligations, but District's failures were more impactful overall.
No Reimbursement for Lydian Academy: Parents' requests for reimbursement for Student's placement at Lydian Academy (the private day school for 2014–2015) were denied. District's STARS 1 offer was found to be an appropriate FAPE, and parents' rejection of that offer in favor of a preferred private placement did not entitle them to public funding.
No Compensatory Education: Student, who had already graduated, did not seek further special education placement or compensatory services, so no such relief was ordered.

Why This Matters for Parents

Districts must maintain contact with privately-placed students — and if yours doesn't, document it. Even when you enroll your child in a private school, the district of residence has child find obligations. If the district never contacts you to offer annual IEPs or assessments, that is a violation — and it can support a reimbursement claim later. Keep records showing the district knew your child lived in the district and had a disability.
Give the required 10-day written notice before any private placement, even in a crisis. IDEA requires parents to notify the district in writing at least 10 business days before removing a child from public school for a private placement at public expense. Failing to give this notice can reduce your reimbursement by a significant amount — here, one-third was cut. If you believe giving notice would cause serious emotional harm to your child, document that reasoning carefully and consult an advocate or attorney.
Be specific in your written communications with the district about urgency and timelines. In this case, the ALJ noted that parents' June 2013 letter requested an assessment but did not explain that Student needed a transitional placement by July 19, 2013. If parents had stated this urgency explicitly, District might have acted faster. When writing to your district, spell out exactly what your child needs and by when — do not assume the district will infer urgency.
A district's failure to provide a written IEP document promptly is a procedural violation that can constitute a denial of FAPE. Parents here waited nearly three months to receive a complete written IEP. This is not acceptable. After any IEP meeting, follow up in writing requesting the final document promptly, and note the date you received it. Delays in receiving the written IEP can prevent you from exercising your rights to accept, reject, or appeal the offer.
The district gets to choose an appropriate placement — not necessarily your preferred one. Even if a private school seems better suited to your child's needs, the district only has to offer a program that is "reasonably calculated to provide educational benefit" — not the best possible program. If you reject a placement the ALJ later finds appropriate, you may lose your reimbursement claim. Before rejecting a district offer, consult a special education advocate or attorney to assess whether the offer truly falls short of FAPE.