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Private school and home school

What changes when you choose a private school, a scholarship or home school, what stays the same, and the 10 day notice if the public school failed your child.

Two very different ways a child ends up in private school

1. The IEP team places your child in a private school. This happens when the team agrees the public school cannot meet your child's needs. The district pays, and your child keeps every IEP right. State approved lists show these schools: schools approved for placement.

2. You choose a private school yourself. Your child is then a "parentally placed private school child." Your child no longer has an individual right to a free appropriate public education from the district while there.

The law: 34 CFR 300.325; 300.130; 300.137(a)

If you choose a private school

  • Child Find still applies. The district where the private school is located must find and evaluate your child, for free.
  • Equitable services, not an IEP. That district sets aside a share of its federal money for private school students and decides, after talking with private schools and parents, which services to offer. If your child gets services, they are written in a services plan. They may be less than an IEP would give.
  • Fewer ways to disagree. Due process hearings for private school children cover Child Find and evaluation. Other disagreements go to a state complaint.
  • You can still ask the district where you live to offer an IEP. If you would enroll in public school, it must offer one.
  • Section 504 covers private schools that get federal money, but they are only required to make minor adjustments.

The law: 34 CFR 300.131; 300.132; 300.133; 300.134; 300.138; 300.140

Section 504: 34 CFR 104.39

If you think the public school failed your child

If the district did not offer a free appropriate public education and you place your child in a private school, a hearing officer or court may order the district to pay you back. Before you move your child, tell the school in writing that you disagree and plan to enroll in a private school at public expense: at the most recent IEP meeting, or at least 10 business days before you move your child. Missing that notice can reduce or end repayment. Talk to your parent center or a special education attorney first.

The law: 34 CFR 300.148

State scholarships and education savings accounts

Several states pay toward private school for students with disabilities. Taking one usually means you accept a private placement by choice, with the limits above, and many states make parents sign a notice saying so. Most schools that accept these scholarships are regular private schools; ask in writing what support your child would get.

Schools that accept a scholarship in Florida, Oklahoma, Utah and Wisconsin: find them. All states: Paying for it.

StateProgram for students with disabilities
Alabamauniversal: CHOOSE Act ESA (eligibility universal from 2027-28; income-limited before); Alabama Accountability Act tax-credit scholarship; refundable tax credit
Arizonaboth: Empowerment Scholarship Account (universal ESA); Lexie's Law Disabled/Displaced Students Tax Credit Scholarship (SWD); other tax-credit scholarships
Arkansasuniversal: Education Freedom Accounts (universal ESA, LEARNS Act); Succeed Scholarship (SWD) folded into EFA; Philanthropic Investment in Arkansas Kids tax-credit scholarship
District of Columbiageneral-limited: DC Opportunity Scholarship Program (federal voucher, income-limited)
Floridaboth: Family Empowerment Scholarship for Students with Unique Abilities (SWD ESA); FES-EO / Florida Tax Credit Scholarship (universal)
GeorgiaSWD-specific: Georgia Special Needs Scholarship (SWD voucher); Georgia Promise Scholarship ESA (limited to students zoned to low-performing schools); Qualified Education Expense tax-credit scholarship
Idahouniversal: Parental Choice Tax Credit (2025 refundable credit, universal eligibility, capped)
Indianaboth: Indiana Education Scholarship Account (SWD ESA); Choice Scholarship voucher (near-universal, income cap removed for 2026-27); tax-credit scholarship
Iowauniversal: Students First ESA (universal since 2025-26); tax-credit scholarship
Kansasgeneral-limited: Tax Credit for Low Income Students Scholarship
Louisianaboth: LA GATOR ESA (phased rollout toward universal eligibility, funding-limited); School Choice Program for Certain Students with Exceptionalities (SWD); Tuition Donation Rebate tax-credit scholarship
Mainegeneral-limited: Town tuitioning (geographic eligibility only)
Marylandgeneral-limited: BOOST voucher (income-limited)
Minnesotageneral-limited: K-12 Education Credit (refundable, income-limited, excludes tuition); K-12 education deduction
MississippiSWD-specific: Equal Opportunity for Students with Special Needs ESA; Nate Rogers Scholarship for Students with Disabilities; Mississippi Dyslexia Therapy Scholarship; Speech-Language Therapy Scholarship
Missourigeneral-limited: MOScholars tax-credit ESA (income-limited; IEP students get priority and larger awards)
Montanaunclear: Special Needs ESA (HB 393, 2023) ruled unconstitutional by district court Dec 2025, appeal/operating status unclear; Montana tax-credit scholarship (general)
Nevadageneral-limited: Nevada Opportunity Scholarship (tax-credit scholarship, income-limited)
New Hampshireuniversal: Education Freedom Accounts (universal ESA since 2025); tax-credit ESA
North Carolinaboth: Education Savings Account+ (ESA+, SWD); Opportunity Scholarship (universal voucher)
Ohioboth: Autism Scholarship; Jon Peterson Special Needs Scholarship; EdChoice Expansion voucher (universal); tax-credit scholarship
Oklahomaboth: Lindsey Nicole Henry Scholarship (SWD voucher); Oklahoma Parental Choice Tax Credit (universal refundable credit); Equal Opportunity Education Scholarship (tax credit)
Pennsylvaniageneral-limited: EITC and OSTC tax-credit scholarships (income-limited)
Rhode Islandgeneral-limited: Corporate tax-credit scholarship (income-limited)
South CarolinaSWD-specific: Exceptional SC (SWD tax-credit scholarship); Education Scholarship Trust Fund ESA (income-limited)
South Dakotageneral-limited: Partners in Education tax-credit scholarship (income-limited; cap raised 2026)
Tennesseeboth: Individualized Education Account (SWD ESA); Education Freedom Scholarship (universal, enrollment-capped); ESA pilot (Memphis, Nashville, Chattanooga)
Texasuniversal: Texas Education Freedom Accounts (SB 2, 2025; universal eligibility, first awards 2026-27, higher amounts for SWD). Note: SSES grants for SWD are public-school supplemental services, not private school choice
Utahboth: Utah Fits All Scholarship (universal ESA; ruled unconstitutional Apr 2025, operating pending Utah Supreme Court appeal); Carson Smith Opportunity Scholarship (SWD; income limit removed by SB 54, 2026)
Vermontgeneral-limited: Town tuitioning (geographic eligibility only)
Virginiageneral-limited: Education Improvement Scholarships tax credit (income-limited, higher limit for SWD)
West Virginiauniversal: Hope Scholarship (universal ESA)
WisconsinSWD-specific: Special Needs Scholarship Program (SWD voucher); Milwaukee, Racine and statewide parental choice programs (income-limited)
Wyominguniversal: Steamboat Legacy Scholarship ESA (universal; upheld by Wyoming Supreme Court May 2026)

Home school

  • Child Find covers home schooled children. You can ask the district for a free evaluation.
  • Whether home school counts as a private school depends on your state's law. If it does, the equitable services rules above apply. If it does not, your district may still offer services; ask what your state allows.
  • Some states let home schooled students take part in some school services or classes. Ask your district and state education agency in writing.
  • You can go back. If you enroll in public school later, the district must evaluate if needed and offer an IEP.

The law: 34 CFR 300.111; 300.130

Good to know: this page is general information in plain language. It is not legal advice. Your state may add rules. For free help, call your parent center.

Last reviewed: November 2026. Rules, programs and phone numbers change. Check with the office named on this page. Report outdated or wrong information.