Burden of Proof is on Parents in Unilaterial Placements
You only want to file for a hearing once, do it right the first time.
The Reality of Unilateral Placements: What Parents Need to Know Before You Pull Your Child
I get this call all the time.
A parent reaches out and says:
“We pulled our child and placed them privately. Now we want the district to pay.”
And I understand why.
You’re watching your child struggle. You feel like the school isn’t getting it. You’re exhausted.
But here’s the truth—and I’m going to say it straight:
👉 Unilateral placements are one of the hardest cases to win.
And many families come to me after they’ve already made decisions that hurt their case.
📄 Let’s Talk About a Recent Decision
In In Re: Student v. Longmeadow Public Schools (BSEA #25-10207), the parent unilaterally placed their child at FlexSchool and sought reimbursement.
There were legitimate concerns raised:
Implementation issues
Questions about assistive technology
Anxiety and workload concerns
Disagreements about disability categories
But here’s where things got difficult for the parent’s case…
Why Reimbursement Was So Hard to Prevail
1. The district had a defensible program
The student:
Was earning A’s and B’s
Had access to supports and accommodations
Was making documented progress
That matters. A LOT.
You don’t just have to show your child is struggling…
You have to show the district failed to provide FAPE.
2. No strong outside expert driving the case
The parent:
Did not present a strong independent expert establishing a different disability (like SLD in writing)
Relied heavily on disagreement rather than objective data
👉 In these cases, a strong neuropsych or clinical expert is everything.
3. Gaps in the process
There were moments where:
The district proposed evaluations
The parent did not respond right away
Opportunities to build the record were missed
👉 These cases are not just about being right…
They are about building a record over time.
4. The unilateral placement wasn’t clearly proven necessary
The standard is not:
“My child is happier elsewhere”
It is:
The district’s program was inappropriate AND the private placement is appropriate”
That’s a two-pronged legal test, and both must be proven.
The Biggest Mistake I See Parents Make
Parents assume:
“If my child is struggling, the district should pay.”
I wish it worked that way. It doesn’t.
👉 The legal standard is VERY specific
👉 And the burden is on YOU to prove it
What You MUST Do Before (or During) a Unilateral Placement
If you are even thinking about pulling your child, here is what needs to happen:
1. Get a strong neuropsych evaluation
Not just any report.
You need:
Clear diagnoses
Functional impact
Specific school-based recommendations
A rationale for why the district program is not appropriate
2. Get a program observation
This is HUGE.
You need documentation of:
What the program actually looks like
Where it is breaking down
Why it cannot meet your child’s needs
3. Put your concerns in writing (clearly)
Not emotional. Not vague.
You need:
A Parent Concern Statement
Specific examples
Data, not just opinions
4. Give the district the opportunity to fix it
This is where many cases fall apart.
You must:
Request meetings
Ask for changes
Consider proposals
If you don’t give the district a chance, you weaken your case.
5. Build your case BEFORE you move your child
Not after.
Once you pull your child:
👉 You are taking on financial risk
👉 And the legal burden becomes much higher
My Honest Advice (From 20+ Years Doing This)
I say this to families all the time:
“You may be right—but that doesn’t mean you can prove it.”
And in special education law…
👉 Proof is everything
Bottom Line
Unilateral placements can work.
But they require:
Strategy
Documentation
Expert support
Timing
Without those pieces?
Families end up paying out of pocket
Even when their concerns are valid
If You’re in This Situation
Before you make a move…
Get guidance.
Because doing this the wrong way can cost you:
Time
Money
And leverage with the district
