Requesting a Unilateral Placement in Massachusetts Special Education
A unilateral placement is a self-help option parents may use when they believe the school district (District) is not providing their child with a Free Appropriate Public Education (FAPE). In this situation, parents enroll their child in a private school that they believe will provide FAPE—without waiting for the District to agree to fund it—and then seek reimbursement.
The Legal Standard for Reimbursement
Whether parents are entitled to reimbursement is a complex legal question. Key points include:
Procedural Notice Requirements: Parents must provide proper notice to the District before moving their child. If the notice does not meet federal and Massachusetts special education requirements, reimbursement will likely be denied.
Financial Risk: Even if notice is sufficient, reimbursement is only awarded if:
The IEP in place at the time did not provide FAPE.
The private placement did provide FAPE.
Subsequent IEP Changes: If the District later offers an IEP that does provide FAPE, reimbursement may be reduced or denied for future tuition costs.
Why Legal Guidance is Critical
We never recommend a unilateral placement without consulting an experienced special education attorney or seasoned advocate. A thorough case analysis should be completed before making this decision to:
Evaluate whether the current IEP fails to provide FAPE.
Assess whether the proposed private placement meets the legal criteria for reimbursement.
Ensure your notice to the District is compliant with IDEA and Massachusetts law.
Unilateral placements can be a powerful tool for ensuring your child receives an appropriate education—but they carry significant financial and legal risks.
If you are considering a unilateral placement, contact Noble Education Law LLC, serving the North Shore and Greater Boston, to discuss your options and develop a strategy to protect your rights.
