Burlington & Carter: The Two Court Cases Every Special-Needs Parent Should Know
Private Placement is an option if students have been denied FAPE
If you’ve ever wondered whether a school district can be required to pay for a private special-education placement, the answer is YES—and it comes from two landmark Supreme Court decisions that changed everything:
Burlington (1985) and Carter (1993). Here’s what every parent needs to know (without the legal jargon):🎓 Burlington & Carter: The Two Court Cases Every Special-Needs Parent Should Know
If you’ve ever wondered whether a school district can be required to pay for a private special-education placement, the answer is YES—and it comes from two landmark Supreme Court decisions that changed everything:
Burlington (1985) and Carter (1993).
Here’s what every parent needs to know (without the legal jargon):
1️⃣ Burlington Case (School Committee of Burlington v. Dept. of Education, 1985)
This case started right here in Massachusetts. A student with special needs wasn’t getting what he needed from his public school. His parents made a big decision:
➡️ They placed him in a private special-education school because the district’s proposed IEP was inappropriate.
The school district refused to pay.
The U.S. Supreme Court stepped in and said:
Key Takeaways From Burlington
Parents CAN place their child in a private special-education school if the district’s IEP is inappropriate.
Districts can be REQUIRED to reimburse tuition, even if the private school is expensive.
Parents don’t have to “wait and see.” If the public school’s plan isn’t appropriate, they can act.
But parents must show:
✔️ The public IEP was not reasonably calculated to provide educational benefit
✔️ The private placement is appropriate to the child’s needsBurlington created the legal foundation for private-placement reimbursement across the U.S.
This case is why parents today can fight for funding when a district cannot or will not meet their child’s needs.
Carter Case (Florence County School District Four v. Carter, 1993)
Carter took Burlington a step further. In this case, the parents placed their daughter in a private school that…
➡️ Was NOT approved by the state.
The district argued:
“If the private school isn’t state-approved, we shouldn’t have to pay.”
The Supreme Court disagreed.
Key Takeaways From Carter
Parents can be reimbursed even if the private school is unapproved or non-special-education certified.
What matters is whether the placement meets the child’s needs, not whether the school holds state approval.
The district’s failure to provide FAPE triggers the right to reimbursement.
Courts look at what the school district offered and whether the child made progress—not paperwork or state labels.
Carter empowered families to choose the program that actually works for their child, not just the one the district prefers.
Together, Burlington & Carter = The Foundation of “Reimbursement Law”
These two decisions work together to protect families when a district does not provide an appropriate IEP.
Parents may be entitled to district funding when:
The IEP is inappropriate
The private placement is appropriate
Parents follow procedures (notice, participation, etc.)
They do NOT need to prove:
That the private school is state-approved
That the private school uses certified special-education teachers
That the district “intended” to deny FAPE
That the program looks like public school
Courts focus on one thing:
Does the placement meet the child’s unique needs?
That’s it.
What This Means for Today’s Parents
If your child is not making progress…
If the IEP isn’t addressing their needs…
If your child is unsafe, dysregulated, or falling further behind…
…you may have the right to seek a private placement funded by the district.
Parents use Burlington and Carter every day in cases involving:
Autism
ADHD/executive functioning
Anxiety, depression, OCD
Learning disabilities (dyslexia, dysgraphia, etc.)
Emotional impairment
Trauma and school-avoidant profiles
Behavioral needs requiring therapeutic environments
These cases give you the leverage to say:
“My child deserves the right program, not just the program the district prefers.”
But here’s the part most families don’t know…
You do not need to be wealthy to pursue this path.
You do not need a lawyer to start asking questions.
You do not need the district’s permission to place your child elsewhere.
You do need:
A solid understanding of your child’s needs
A clear record of progress (or lack of progress)
Documentation
Strong advocacy
And that’s where having someone like Ask the Advocate by your side makes all the difference.
Final Thought
Burlington and Carter weren’t just court cases — they reshaped the entire landscape of special education. They gave parents the power to demand real solutions, real support, and real progress.
If your child isn’t thriving, don’t wait.
Don’t settle.
Don’t let the district convince you that “this is the best they can offer.”
You have rights.
Your child has rights.
And these two cases exist to protect them.
If you ever need help navigating this process, Ask the Advocate is here — every step of the way.
