Ask the Advocate Blog

Unilateral Placement, District Funding, IEP Decisons, Reinbursement Maureen Brown Unilateral Placement, District Funding, IEP Decisons, Reinbursement Maureen Brown

Burden of Proof is on Parents in Unilaterial Placements

BSEA #25-10207-5

Unilateral Placement: Why This Parent Did Not Get Reimbursed

In this recent decision, a parent unilaterally placed their child at a private program and sought reimbursement from the district. While concerns were raised about implementation, anxiety, and supports, the hearing officer ultimately found that the district had offered a program reasonably calculated to provide educational benefit—and reimbursement was not awarded.

Key Takeaways for Parents

  • The student was earning A’s and B’s, which supported the district’s position that progress was being made

  • The district had accommodations and supports in place, including assistive technology and academic support

  • The parent did not present strong outside expert evidence to support a different diagnosis or need

  • The unilateral placement was not proven to be necessary under the legal standard

  • The case lacked a strong, consistent paper trail demonstrating denial of FAPE

Why Reimbursement Was Denied

  • No clear evidence that the district’s program was inappropriate

  • No compelling expert testimony contradicting the school’s evaluations

  • The parent did not sufficiently prove that the private placement was the only appropriate option

What Parents Need to Know

Before pursuing a unilateral placement, families should:

  • ✔️ Obtain a comprehensive neuropsychological evaluation

  • ✔️ Secure a program observation documenting concerns

  • ✔️ Put concerns in writing with specific data and examples

  • ✔️ Give the district a reasonable opportunity to address issues

  • ✔️ Build a clear record showing denial of FAPE over time

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Maureen Brown Maureen Brown

Bringing School District Funding to the TableConsultation Services for National Association of Therapeutic Schools and Programs (NATSAP) Programs & Private Schools

What Ask the Advocate can help programs with

  • District Funding Strategy for Therapeutic & Private Schools

  • Advocacy Consultation for National Association of Therapeutic Schools and Programs Programs

  • IEP & FAPE Alignment Review

  • Family Education on Public Funding Pathways

  • Case Positioning & Documentation Guidance

  • District-Facing Communication Strategy

  • Professional Development & On-Site Training

  • Ethical Funding Frameworks That Reduce Conflict

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