06/25/2026
What Parents Need to Know About Private School Tuition Reimbursement
When a public school district fails to provide a child with a free appropriate public education, federal law allows parents to place that child in an appropriate private school and seek reimbursement from the district for tuition and transportation. Before taking that step, however, parents must satisfy a notice requirement that is written directly into federal law.
Under 20 U.S.C. Section 1412(a)(10)(C)(iii) and the accompanying regulation, 34 C.F.R. Section 300.148(d), a parent must notify the school district in writing, at least ten business days before removing the child, that the parent is rejecting the placement proposed by the district and intends to enroll the child in a private school at public expense. This requirement appears in the procedural safeguards notice that every public school district must provide to parents.
What the procedural safeguards notice does not tell parents, and what is not explained anywhere on the Missouri Department of Elementary and Secondary Education's website, is that sending this notice is only half of what the law actually requires.
Courts in the Eighth Circuit, which includes Missouri, follow a rule known as the Thompson rule. Under this rule, a parent who withdraws a child from a public school district before filing a due process complaint against that district forfeits the right to seek reimbursement for a private placement altogether, even where the district was at fault and even where the parent sent a proper ten day notice. Missouri's Administrative Hearing Commission applies this rule regularly against Parents.
In practical terms, this means a parent can follow every instruction the State gives them, send the required notice, and wait the required ten days, and still permanently lose the right to recover a dollar of tuition or transportation, simply because they withdrew their child before a due process complaint was filed against the district.
If your child's school district has failed to provide an appropriate education and you are considering a private placement, contact an attorney before you give notice, before you withdraw your child, and before you sign an enrollment contract with a private school. The order in which these steps happen determines whether you keep the right to be reimbursed at all.