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The GAP Attorneys Blog

Meeting the needs of people with disabilities, their families, educators & service providers

Notice of unilateral placement for reimbursement is required only at time of initial removal.

Letter to Miller, 55 IDELR 293 (OSEP 2010):  The U.S. Department of Education, Office of Special Education Programs, informed an interested individual that a parent need only provide the school district with notice of a unilateral placement upon the student’s removal from the public school.  The regulatory benchmark is the child’s removal from the public school, and not the child’s enrollment in the unilateral private placement.  Thus, in order to satisfy the notice requirement, the parent need only provide notice upon the child’s initial removal from public school, and is not required to provide such notice for each subsequent school year the child attends at the unilateral placement.

However, compare this opinion with that of a U.S. District Court several months later in J.W. v. Kingston City School District.

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This entry was posted on Monday, July 11th, 2011 at 8:47 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

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