WHT Law

Unilateral Placement Form Letter

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Unilateral Placement Form Letter

(To be Sent to School Superintendent at Least 10 Business Days in Advance of Placement)

Date: __________________

Re:            (Name and Age of Student):

Written Notice of Intent to Place Disabled Child in Nonpublic Facility and Seek Reimbursement from School District Pursuant to Public Law 105-17 at 20 U.S.C. 1412(a)(10)(C)(iii)(I)(bb)

Dear Superintendent:

Please treat this correspondence as your formal written notification pursuant to the above captioned section of Public Law 105-17.  We intend to place our above named child at the __________________ School [address, phone] on ___________, 19____.  We will seek reimbursement of costs for that nonpublic facility from your district.

As you are aware, Section 1412(a)(10)(C) states as follows:

(C) PAYMENT FOR EDUCATION OF CHILDREN ENROLLED IN PRIVATE SCHOOL WITHOUT CONSENT OF OR REFERRAL BY THE PUBLIC AGENCY.  (…)

(iii) LIMITATION ON REIMBURSEMENT.  The cost of reimbursement described in clause (ii) may be reduced or denied — (I) if —

(aa) At the most recent IEP meeting that the parents attended prior to removal of the child from the public school, the parents did not inform the IEP team that they were rejecting the placement proposed by the public agency to provide a free appropriate public education to their child, including stating their concerns and their intent to enroll their child in a private school at public expense; or

(bb) Ten business days (including any holidays that occur on a business day) prior to the removal of the child from the public school, the parents did not give written notice to the public agency of the information described in division (aa); …

Please treat this correspondence as your formal 1412(a)(10) notice as required by that section.

                                              Sincerely,

__________________________________

Parent(s)