Do Private Schools Have to Follow an IEP in California?
For families in California exploring educational options for a child with a disability, one common and urgent question is whether private schools have to follow an IEP.
The answer, especially for families navigating Los Angeles Unified School District (LAUSD) and surrounding districts, is more complex than a simple yes or no.
Whether a private school must follow an Individualized Education Program (IEP) depends largely on how the student arrived at the private placement. Were they publicly placed by the district or placed by parents?
This distinction carries major legal implications, particularly under the Individuals with Disabilities Education Act (IDEA) and California Education Code §§ 56170–56177.
Whether you’re considering private placement or responding to a retention issue in a public school, this guide will provide clear, actionable insight.
The Key Distinction: Publicly Placed vs. Parentally Placed Private School Students
Publicly Placed by the District
If the IEP team determines that a child cannot receive a Free Appropriate Public Education (FAPE) in the public school setting, the district may place the child in a private school at public expense.
In these cases, the district remains responsible for:
- Providing services outlined in the IEP
- Monitoring progress
- Funding the placement
This is known as a unilateral public placement, and the full protections of IDEA remain in effect. The private school, in this case, must implement the child’s IEP under district supervision.
Parentally Placed by the Family
If a parent voluntarily enrolls their child in a private school—without the district agreeing that public schools are unable to provide FAPE—the student is considered a parentally placed private school student.
In this situation:
- The child does not have an enforceable IEP
- Instead, they may receive a Services Plan (SP), which outlines the equitable services the public district agrees to provide
- The private school itself has no obligation under IDEA to implement or follow the IEP
This distinction is essential when evaluating IEP services outside the public school system.
What Are LAUSD’s Responsibilities for Private School Students?
If your child attends a private school in Los Angeles, LAUSD is responsible for:
- Conducting child find evaluations for students suspected of having disabilities
- Offering consultation with private school representatives and parents
- Developing and delivering equitable services based on funding allocation
- Creating and reviewing an SP for eligible children
LAUSD is not required to place or fund your child’s private school education unless it has been determined through an IEP process that public schools cannot provide FAPE.
In practice, LAUSD’s Services Plans often offer limited support, such as part-time speech therapy or resource consultation. Parents should not expect a private school to mirror public school services unless placement is publicly funded.
What Rights Do Parents Retain If They Leave the Public School System?
Even if you enroll your child in a private school, you still have rights under IDEA:
- You may request an evaluation from your district at any time (including triennial reevaluations).
- You can file a due process complaint seeking reimbursement if you believe the public school failed to provide FAPE and private placement was necessary.
- You have the right to participate in Services Plan development and to be consulted on the allocation of equitable services funds.
Courts have upheld that parents may be reimbursed for private school tuition if they can show that:
- The public school failed to provide FAPE
- The private school placement is appropriate (even if the school is not certified)
- They acted in good faith and notified the district
(See: Florence County Sch. Dist. Four v. Carter, 510 U.S. 7 (1993); School Committee of Burlington v. Dep’t of Educ., 471 U.S. 359 (1985))
Can a Private School Hold Back a Child With an IEP or Services Plan?
Private schools are not bound by IDEA’s procedural safeguards unless they are receiving public funds as part of a placement. That means they can:
- Set their own academic and behavioral policies
- Make promotion and retention decisions without consulting a Services Plan
- Disenroll or retain a student without due process
That said, if a private school receives federal funding (as most do), it must comply with Section 504 of the Rehabilitation Act, which prohibits discrimination based on disability. In some cases, retention or dismissal could rise to the level of disability discrimination.
If you believe your child is being inappropriately held back due to their disability, even in a private setting, you may still have legal recourse under federal or state civil rights laws.
Legal Strategies for Parents Considering or Responding to Private Placement
Families often consider private schools when public schools fail to meet their child’s needs. If you’re exploring or have already enrolled your child in a private school, here are strategic steps to protect your child’s education:
Request a Comprehensive Evaluation From the Public District
This maintains IDEA eligibility and helps you document the need for services, even if your child is in private school.
Understand the Limits of Services Plans
Clarify what the district will offer and document all consultations. Don’t assume services will match an IEP.
Document All Attempts to Collaborate With Public School
This is critical if you later seek reimbursement through a due process complaint for private placement.
Ask the Private School About Accommodations
Even if not legally required to follow an IEP, many private schools will implement supports if requested, especially with documented needs.
Consult an Attorney Before Finalizing Placement
If you’re weighing whether to leave public school due to IEP concerns, legal counsel can help evaluate whether unilateral private placement is the right step and ensure you follow the required notice and documentation procedures.
Speak With an Experienced Special Education Attorney in Los Angeles
Understanding the intersection of IEP private school California law, IDEA obligations, and local district policies like those of LAUSD is no easy task. But you don’t have to figure it out alone.
At Woodsmall Law Group, we’ve spent over 20 years helping families in Los Angeles and the San Gabriel Valley navigate special education rights in private school settings.
Whether you’re seeking to secure services, challenge an inappropriate retention decision, or explore reimbursement for private placement, we offer compassionate, strategic legal support tailored to your child’s needs.
We provide services in English and Spanish and are committed to ensuring every child receives the support they deserve—inside or outside the public school system. Call us today at (626) 440-0028 to schedule a free consultation.