Blog Summary: Understanding the Burlington & Carter Decisions

The Burlington (1985) and Carter (1993) Supreme Court cases are the foundation of every parent’s right to seek district-funded private special-education placements when a public school fails to provide an appropriate IEP. In Burlington, the Court ruled that parents may place their child in a private school and receive reimbursement if the district’s IEP is inappropriate and the private placement meets the child’s needs. Carter expanded this right by holding that reimbursement may be required even if the private school is not state-approved. Together, these decisions ensure that when a school district cannot provide a Free Appropriate Public Education (FAPE), parents can pursue the program that truly works for their child—without being limited to district-preferred or state-approved options. Burlington and Carter empower families to advocate for meaningful progress, safety, and individualized support when the public system falls short.

In this breakdown of the pivotal BSEA case In Re: Desmond & Dracut Public Schools, we examine how the district’s dismissal of dyslexia needs—highlighted by a staff member’s claim that students only need to read at a “4th or 5th-grade level”—led to a ruling in favor of private placement. Learn how parents can identify denial of FAPE, gather the right data, and push for out-of-district placement when public schools fall short.