When families choose a private school education, many assume they are stepping completely outside the special education system. No IEPs. No district support. No legal protections.

But that assumption is only partially true, and misunderstanding the difference can cost families opportunities, services, and leverage they didn’t realize they had.

In a recent episode of Be Evolved, Mary Miele sat down with special education attorney Tracey Spencer Walsh, Esq., to unpack one of the most misunderstood realities in education: private school families do have rights. They just look very different from the rights public school families are used to hearing about.

The conversation offers both a reality check and a roadmap for families navigating learning differences in private school settings, especially those who feel something isn’t working but aren’t sure where to begin.

The Biggest Myth About Private Schools and IDEA

One of the most common misconceptions is that enrolling in a private school means giving up all access to special education protections under IDEA (the Individuals with Disabilities Education Act).

That’s not exactly true.

Public school students are entitled to FAPE — a Free Appropriate Public Education — through an Individualized Education Program (IEP). Private school students, however, do not have the same entitlement to services.

But they are not invisible to the system.

Tracey explains that districts still have legal responsibilities through a process called Child Find, which requires public school districts to identify, locate, and evaluate students suspected of having disabilities, including students enrolled in private schools.

For many families, this distinction changes everything.

Understanding the Difference: IEPs, IESPs, and FAPE

One of the most important parts of the conversation centers on understanding the language families hear but are rarely taught to interpret.

An IEP provides individualized services and protections for public school students under FAPE.

An IESP (Individualized Education Services Program), often discussed in New York City, applies differently to students parentally placed in private schools. The services available may be more limited, and families often discover too late that private school placement changes the scope of what districts are required to provide.

Knowing the difference matters because assumptions can shape decisions, and missed timelines can affect future options.

Evaluations Matter More Than Families Realize

Another major theme in the episode is evaluations: when to pursue them, what kind to seek, and why documentation matters far more than most families think.

Mary and Tracey discuss the difference between:

• Clinical evaluations, which help families understand how a child learns
• Legal evaluations, which help establish eligibility, access, and educational rights

A neuropsychological evaluation can become a critical piece of evidence when a child is struggling academically, emotionally, or behaviorally — particularly when parents suspect the current placement is no longer appropriate.

But timing matters.

Without clear documentation, families may later find themselves unable to demonstrate the extent of a child’s needs, limiting access to services, funding opportunities, or specialized placements.

As Tracey emphasizes throughout the episode, the absence of a paper trail can quietly close doors.

Seeking Public Funding for Specialized Schools

For some families, the ultimate question becomes whether public funding is possible for a specialized private placement.

The answer is: sometimes — but the process is complex and highly procedural.

The episode highlights one requirement many parents have never heard of: the essential 10-day notice rule. Families considering unilateral private placement may need to provide formal written notice to preserve reimbursement rights.

Missing this step can significantly impact future claims for tuition reimbursement or district responsibility.

This is why proactive planning matters so much. Families often wait until a situation becomes unsustainable before learning the rules that govern their options.

Why This Conversation Matters

Many parents assume:

• “We chose private school, so we’re on our own.”
• “If the school says my child is fine, I should wait.”
• “We don’t need evaluations unless things get severe.”

But waiting often narrows options instead of preserving them.

Understanding your rights early, and documenting concerns consistently, can change the trajectory of educational planning entirely.

Whether your child is thriving, struggling quietly, masking difficulties, or showing signs that the current environment is no longer working, knowledge becomes leverage.

And for many families, this conversation is the first step toward understanding that they have more options than they realized.