New York’s public education system serves many children well, but not every child. For families of students with disabilities, particularly those with complex or intensive needs, a public school placement may fall short of providing the support their child requires to learn and thrive.
When that happens, private placement becomes a necessity.
But private school tuition is expensive. So who pays when public education fails to offer a Free Appropriate Public Education (FAPE)?
That’s where Carter and Connors funding come in. These are two legal pathways that allow families to secure private school placement when public options aren’t enough. Understanding the difference between them is crucial for any parent considering next steps.
What Is Carter Funding?
Carter funding is named after the 1993 Supreme Court case Florence County School District Four v. Carter, which established a family’s right to seek reimbursement for private school tuition if a public school fails to offer FAPE.
Here’s how it works:
- The school district fails to provide appropriate services. The IEP may be inadequate, placement may be inappropriate, or services may be denied.
- The parent locates and enrolls their child in a private school, even if it’s not on the district’s pre-approved list.
- The parent pays the tuition out-of-pocket.
- They then request a due process hearing and seek reimbursement from the district.
If the hearing officer agrees that the public school did not provide FAPE and the private placement is appropriate, the district reimburses the family for tuition and possibly other related expenses.
For many families, Carter funding becomes an option after trying to work collaboratively with the district but finding that their child’s needs are still not being met despite multiple IEP meetings, service requests, or school changes.
What Is Connors Funding?
Connors funding, named after Connors v. Mills, is meant for families who also need a private school placement for their child but cannot afford to pay tuition up front.
Unlike Carter funding, where parents pay and then seek reimbursement, Connors funding is prospective: the school district pays the tuition directly once the family wins their case.
Here’s what the process involves:
- The family identifies a private school that is appropriate and willing to accept the child without requiring full payment in advance.
- The parent notifies the school and district that they will pursue due process to request Connors funding.
- During the hearing process, the family must provide documentation proving financial need.
- If the hearing officer rules in the family’s favor, the district begins paying tuition directly to the school on a forward-going basis.
This option is often pursued by families who know their child requires intensive support not available in public school, but who simply don’t have the resources to cover tuition costs on their own. Connors funding ensures that access to an appropriate education is not limited by income or financial hardship.
What’s the Difference?
Both of these routes require legal action, but the circumstances, timing, and financial structure are different.
The main distinction comes down to how the tuition is handled. Carter funding involves the family paying tuition up front, then seeking reimbursement later. Connors funding, by contrast, is designed for situations where that up-front payment isn’t feasible. In those cases, families request that the district begin covering tuition directly, without requiring full payment in advance.
Another key difference lies in what the family needs to demonstrate. While Carter cases focus primarily on whether the public school failed to provide an appropriate education, Connors cases require an additional showing of financial need. The private school must also be willing to accept the student while the case is pending.
What Parents Should Know Before Pursuing Either Option
Before beginning either a Carter or Connors case, consider the following:
- Documentation is key. Save all communication with the school, IEP documents, evaluations, and notices. You’ll need these to show that public placement wasn’t appropriate.
- School participation matters. Not all private schools can afford to hold a Connors seat. Be upfront with schools about how you plan to seek funding.
- Financial proof may be required. For Connors funding, be prepared to submit tax returns or income statements.
- The process takes time. These cases require legal filings, hearings, and often several months to resolve. Starting early can help you avoid delays.
- Legal support is recommended. Special education attorneys can help you understand your options, file correctly, and represent your family at hearings.
Both Carter and Connors funding exist to help families secure the education their child is legally entitled to, even when the public system falls short.
If you’re exploring private placement or have questions about whether Carter or Connors funding might apply to your situation, we encourage you to reach out. At Gersh Autism Academy, we believe every family deserves to understand their rights, and every child deserves an education designed for their success.
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