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Special education Law Blog

Requesting a Unilateral Placement

2/21/2013

2 Comments

 
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First, what is a unilateral placement?  It is a self-help mechanism that parents utilize when the school district (the "District") is not providing their child a free appropriate public education (FAPE) and the parents believe that a private placement would provide the child FAPE.  Instead of waiting for the District to agree to fund the placement, Parents pay out-of-pocket for the placement and try to seek reimbursement from the District.

Whether or not the Parents are entitled to reimbursement is a complicated legal question.  The notice to the District must meet certain procedural requirements.  I would NEVER recommend a unilateral placement without working with a special education attorney or a seasoned special education advocate.  If Parents' notice is not sufficient, they are not entitled to reimbursement. 

Even if the request if procedurally valid, a unilateral placement is financial risky.  Reimbursement is only warranted if the IEP at the time of the unilateral placement does not provide FAPE and the out-of-district placement does.  Reimbursement might also be confined if the District later offers an IEP that does provide FAPE.    BEFORE a parents decides to unilaterally place their child, it is very important to a comprehensive case analysis by an experienced special education attorney.  This is best way for you to optimize your chances of recouping  your expenses.

If you are considering a unilateral placement, contact the North Shore Massachusetts Law Firm of Lillian E. Wong.

2 Comments
Olive Reese link
4/18/2013 12:47:56 am

I think unilateral placement is a very right thing that is introduced in the education system. If you, as a parent, are not satisfied with the service that the school is offering to your child, you might take the advantage of unilateral post as an option. Thanks a lot for sharing this informative article.

Reply
Alyson
6/19/2015 05:31:25 am

What if a school district recommends out of district placement in a private school for a student, but then ultimately rejects the placement, essentially changing their mind on the placement they recommended? Are your chances of getting reimbursed any better in this situation?

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It is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.
Brown v. Board of Education, 347 U.S. 483 (1954)

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