Special Education Lawyer: Secure a Private School Placement for Your Child

If you are a parent and your child is not receiving appropriate services in their public school, you may be considering seeking a private school placement for your child. A lawyer can help you navigate this process and advocate for your child's educational rights. Here are some ways a lawyer can help you get a private school placement for your child or seek reimbursement for a placement you have already paid for:

1. Tuition Reimbursement: If you have already placed your child in a private school because the public school was not able to meet their needs, a lawyer can help you seek reimbursement for the cost of tuition. Under the Individuals with Disabilities Education Act (IDEA), if a public school is unable to provide a "free appropriate public education" (FAPE) to a child with a disability, the child's parent may be entitled to tuition reimbursement for the cost of placing the child in a private school.

2. Prospective Placement: If you are considering placing your child in a private school but have not yet done so, a lawyer can help you advocate for a "prospective placement" at the public school's expense. This means that the public school would be required to pay for your child's tuition at the private school in advance, rather than you having to pay for it out of pocket and then seek reimbursement later.

3. Least Restrictive Environment (LRE): The concept of the "least restrictive environment" (LRE) is an important consideration in special education cases. The LRE is the setting that is most similar to the general education setting and is least restrictive of the child's individual rights. A lawyer can help you advocate for the placement that is the most appropriate LRE for your child, whether that is in a public school or a private school.

There are many other factors to consider when seeking a private school placement for your child, and a lawyer can help you navigate this complex process. If you are a parent searching for a lawyer to help you get a private school placement for your child or seek reimbursement for a placement you have already paid for, it is important to choose a lawyer who is experienced in special education law and has a track record of success in advocating for children's educational rights.

Understanding the Risks of Seeking Tuition Reimbursement for a Private School Placement

It is important to be aware that seeking tuition reimbursement from a public school carries some risks. While the Individuals with Disabilities Education Act (IDEA) allows for tuition reimbursement in certain circumstances, there are no guarantees that you will be successful in obtaining reimbursement.

If you place your child in a private school without the consent of the public school and later seek tuition reimbursement, the risk is on you to prove that the private school placement was appropriate because the public school was unable to provide a "free appropriate public education" (FAPE) to your child. If you are unable to prove this, you may not be eligible for tuition reimbursement.

Additionally, even if you are able to prove that the public school was unable to provide FAPE, the public school may still challenge your request for reimbursement and the matter may need to be decided in a due process hearing or in court. This can be a time-consuming and costly process, and there is no guarantee that you will be successful in obtaining reimbursement.

It is important to carefully consider the risks and potential costs associated with seeking tuition reimbursement before making a decision to place your child in a private school. It may be helpful to consult with a lawyer who is experienced in special education law to understand your options and make an informed decision about the best course of action for your child.

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It is important to note that obtaining a private school placement for your child may be seen by the school district as an extraordinary form of relief, and it is important to ensure that all of the facts of your case are appropriate and properly presented. In some cases, it may be necessary to provide the public school with a "10-day notice" of your intent to place your child in a private school at public expense (also known as a "unilateral placement"). This is a requirement under the Individuals with Disabilities Education Act (IDEA) and serves as a way to give the public school an opportunity to remedy the situation before you take action.

It is also important to note that there may be other legal concerns involved in seeking a private school placement for your child, and this article does not address all of the nuances of this process. It is always best to consult with a lawyer who is experienced in special education law to ensure that your child's rights are protected. A lawyer can help you understand your options and advocate for the best possible educational placement for your child.