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The GAP Attorneys Blog

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

Posts Tagged ‘unilateral private placement’

Private Placement where student progressed was appropriate despite lack of physical therapy services

Thursday, August 22nd, 2013

M.F. v. N.Y.C. Bd. of Educ, d.b.a. N.Y.C. Dep’t of Educ., 61 IDELR 100 (S.D.N.Y. 2013)—the parents of a student with PDD-NOS sought reimbursement for a private school placement. Although the student had been placed by the district in a private school from Kindergarten through fourth grade, the district recommended a public school placement for the upcoming school year. Although the private school, where the student had progressed, lacked physical therapy services, the court determined that a private placement need not offer every service listed in the IEP, in order to be appropriate. The private school offered, and the student received, additional services that significantly overlapped those listed on the IEP. Also, the curriculum was specifically designed for children with similar needs and met the student’s social and emotional needs. Thus, the court granted summary judgment to the parents and ordered full reimbursement for the unilateral private school placement.

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

Monday, July 11th, 2011

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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