Informational Article: Private School Affidavit Placements in the Wake of Southern California Fires
Southern California has recently endured devastating fires that have destroyed several school sites and displaced countless families. As a result, these natural disasters have also left parents scrambling to find stable educational settings for their children, particularly those with disabilities who require consistent support. For some families, the option of placing their child in a private school through an affidavit placement has become a necessary consideration. While this decision may provide a temporary solution, under California special education law, it is crucial to understand the legal and statutory frameworks that govern such placements and the potential risks of disenrollment.
Legal and Statutory Framework
The Individuals with Disabilities Education Act (IDEA) provides a federal framework for the education of children with disabilities, requiring public schools to offer a Free Appropriate Public Education (FAPE) to all eligible students. In California, this obligation is further supported by the state’s Education Code, which mirrors and expands upon federal requirements. However, when a parent unilaterally places their child in a private school—whether due to dissatisfaction with public services or exigent circumstances like natural disasters—certain legal consequences and procedural considerations come into play.
Under IDEA, parents may seek reimbursement for private school tuition if they can demonstrate that the public school failed to provide FAPE and that the private placement is appropriate. However, specific procedures must be followed, including notifying the school district of the intent to place the child in a private setting. Failure to adhere to these requirements may limit or eliminate a parent’s ability to recover costs.
In addition, California law allows for private school affidavit placements, which refers to a private school established under California’s Private School Affidavit process. This means that the institution is recognized as a private entity by filing an annual affidavit with the California Department of Education.
According to California Education Code Section 33190, any private school serving students in kindergarten through grade 12 must file this affidavit annually. The affidavit process is detailed on the California Department of Education’s (CDE) Private School Affidavit web page. It is important to note that this process serves as a notification to the state and does not constitute an endorsement, approval, or guarantee of quality.
Impact of School Closures Due to Fires
The fires in Southern California have left many public school sites uninhabitable, leading to significant disruption in educational services. For families of children with disabilities, these closures often mean a loss of critical services, such as speech therapy, occupational therapy, and specialized instruction. While districts are legally required to provide alternative placements or interim services, delays in implementation are common, prompting families to seek immediate solutions like private school placements.
The Risks of Disenrollment
One of the most significant risks associated with private school affidavit placements is the potential for a child to be disqualified from public school services, including special education. When parents choose to place their child privately, they effectively disenroll the child from the public school system. This can have several implications:
- Loss of access to public school services: Disenrollment from the public school system typically means that the child’s IEP is no longer active. The district is no longer responsible for providing services, support, or accommodations outlined in the IEP.
- Challenges in reenrollment: Should the family decide to return the child to public school, there may be delays or disruptions in reinstating special education services. For example, the public school may require a new evaluation or eligibility determination, prolonging the process of resuming support.
- Financial burden: While affidavit placements may appear cost-effective in the short term, they often shift the financial responsibility for special education services entirely onto the family. Services like speech therapy, occupational therapy, or specialized instruction must be privately funded, which can result in excessive expenses.
- Impact on FAPE claims: Families considering litigation or mediation to seek reimbursement for private school costs face an uphill battle when the placement is an affidavit school. The burden of proof lies heavily on parents to demonstrate that the placement is necessary and appropriate.
Considerations for Parents and Teachers
Given the potential consequences of private school affidavit placements, it is essential for parents to weigh the decision carefully and consult with qualified professionals before proceeding. Teachers and school staff should also be prepared to guide families through these challenging situations by providing accurate information and advocating for solutions that prioritize the child’s educational needs.
Parents should collaborate with the IEP team. This means that before making a unilateral decision, parents should work with their child’s IEP team to explore all available options within the public school system. Even during times of crisis, school districts have an obligation to provide alternative placements or interim services that meet the child’s needs.
It’s also important for parents to understand procedural requirements. If parents believe a private school placement is necessary, they must follow the procedural requirements outlined in IDEA, including notifying the district in writing and providing opportunities for the district to address their concerns. Moreover, they should evaluate the private school’s services. Not all private schools, including those established under the affidavit process, are equipped to meet the needs of students with disabilities. Therefore, parents should thoroughly research the school’s curriculum, staff qualifications, and availability of specialized services.
One final note is to document everything, such as maintaining detailed records of their child’s progress, communications with the school district, and reasons for pursuing a private placement. This documentation can be invaluable in resolving disputes or seeking reimbursement.
Conclusion
The recent fires in Southern California have forced many families to make quick decisions about their children’s education. For parents of children with disabilities, private school affidavit placements may seem like an attractive option in the face of immediate need. However, these decisions carry significant legal and practical implications, particularly the risk of disenrollment from public school services.
Before parents take any formal steps to change their child’s school placement, they are strongly encouraged to consult with an attorney who specializes in special education law. An experienced lawyer can help families understand their rights, navigate procedural requirements, and make informed decisions to ensure their child continues to receive the necessary support and services in times of need.
If you have any questions or concerns about your child’s special education placement or the services they are receiving, schedule a free initial consultation with our special education attorneys at Woodsmall Law Group. Our lawyers have been practicing law for over 20 years and are eager to thoroughly discuss your concerns. Call our Los Angeles law firm today at (626) 440-0028—we have English-speaking and Spanish-speaking staff.