May a private school increase its tuition or program costs for disabled students?
A. Yes, a private school may seek reimbursement if the provision of services to the disabled student results in a “substantial increase in cost” to the private school. 34 C.F.R. § 104.39(b). As a general rule, a private school should not charge additional costs to students with disabilities. If, however, the provision of educational services to a student with a disability results in a substantial increase in the cost of the program, the private school may seek reimbursement. There is little, if any, authority delineating what constitutes “a substantial cost.” Q. Are there any special rules that apply to private school discipline of a student with disabilities. A. Generally, no. The objective of § 504 is to ensure that students with disabilities are treated the same as their non-disabled peers. As such, the same disciplinary rules should apply. There may, however, be situations where a private school, as a minor adjustment to its program, must take a disability into account when imposin
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