What are the differences between Carter and Connors funding? And how can a parent obtain either one for their child's private, special education school?
Parents: you should know that the Individuals with Disabilities Education Act (IDEA) says that all children must be given a “free appropriate public education … and related services designed to meet their unique needs.” If a district cannot provide an appropriate program in-district for your child, your child may be entitled to funding for a private school, paid by your home district.
If you are a parent within the New York City Department of Education (“NYCDOE”), you have two types of funding available to you: Carter funding and Connors funding.
What is the difference between “Carter Funding” and “Connors Funding”?
Typically, if a NYCDOE CSE recommends non-public school for your child or gives your child a “Nickerson letter,” you will be restricted to only private schools that the State has pre-approved for this purpose (i.e. “state-approved” private schools).
But when that is not enough – when the state-approved options are not appropriate for your child or those schools are full, luckily there are two ways to have the NYCDOE pay for a private school that is not on the State’s pre-approved list.
The first is for you to pay the tuition upfront and seek reimbursement at an impartial hearing. This is called a “Carter” or “reimbursement” hearing. At the hearing, you will have to show that (i) the DOE has failed to offer your child an appropriate program or IEP; (ii) the non-approved private school you selected is appropriate for your child, and (iii) the equities weigh in your favor (you were cooperative in the process, you submitted the requisite 10 day notice, etc).
The second, and more difficult, way is for you to persuade a non-approved school to accept your child even though you cannot pay upfront. In that case, you should ask the school to accept your child based upon your promise that you will seek an order requiring the NYCDOE to pay the tuition for you at an impartial hearing. This is called “Connors” funding. At the hearing, you will have to show that (i) the DOE has failed to offer your child an appropriate program or IEP; (ii) the non-approved private school you selected is appropriate for your child, (iii) you cannot afford to pay the tuition upfront and seek reimbursement later, and (iv) the equities weigh in your favor (you were cooperative in the process, you submitted the requisite 10 day notice, etc).
Please note: Parents must notify the CSE before they remove their child from public school that they are rejecting the IEP team’s recommended program and intend to enroll their child in private school at public expense (the “10 day notice” referenced above). If parents do not give the CSE this prior notice of their intentions, they may lose the right to seek reimbursement or payment for the private school tuition at a later date.
We Can Help!
As you can imagine, obtaining Carter or Connors funding requires a person to cross their “t’s” and dot their “i’s.” Therefore, it is necessary to have an experienced attorney guide you through the process.
We at GDPC understand the complexities and issues of Carter and Connors funding and have successfully helped families with this process for many years.
We’ll help you understand your child’s rights and will make sure they get what they’re entitled to under the law.
Call us TODAY to see how we can help YOU.
