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
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.
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? Your comment will be posted after it is approved.
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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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15 Morningside Drive
Topsfield, MA 01983
978-561-9001 (P)
978-561-1591 (F)
lwong@lillianwongesq.com
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