Private School Placement

Special Education Law

What is Private School Placement?

If the special education program within your local public school is ineffective for your child, then you and your child’s school team may need to consider changing your child’s educational placement to a private specialized therapeutic school.

The problem is school districts often refuse to offer private school placement. If you feel that the public education program that is currently offered to your child is not appropriate, Forte Law Group can help you guide you through the placement process and legally determine the strength of your child’s case for having the school district fund private outplacement. Finding the right special education attorney is critical.

Out Of District Placements – Know Your Options & Rights

There are two ways in which you can potentially secure private outplacement for your child’s education: School Initiated or Parent Initiated.

School district initiated private outplacement is offered through your child’s individualized education program (IEP) at a planning and placement team meeting (PPT). The district is legally obligated to fully fund the placement along with related services and transportation. You may, however, disagree with the offered private outplacement and may want to consider other placement options not offered by your district. Forte Law Group will help guide you through this process.

Parent initiated private outplacement occurs when a parent files a Notice of Unilateral Placement pursuant to the legal provisions of the IDEA and funds the placement while seeking reimbursement from the local school district.

In order to prevail on a parent initiated unilateral placement, the parents must prove by a preponderance of the evidence standard at a due process hearing that: (1) the district’s offered IEP fails to provide the student with a Free Appropriate Public Education (FAPE); (2) that the private school is appropriately meeting the child’s needs; and (3) that the parents made good faith attempts to collaborate with the district. Forte Law Group is experienced in securing school district funding for parent initiated private outplacements by filing for due process, by mediation and/or by settlement agreement.

Clinical Expert Evidence is Required

All outplacement cases legally require clinical expert evidence to support a claim for private outplacement. Forte Law Group prides itself on collaborating with leading clinical experts within specialized fields to gain a better understanding of your child’s unique needs and educational profile in order to identify the best outcome for your child and to determine an appropriate placement and program.

Whether the result is building a better IEP for your child within the district or securing private outplacement at public district expense, Forte Law Group will help guide you through the entire process.