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