In OneLaw’s May newsletter, Attorney Peter Hahn discusses unilateral placements in special education.

Read the full May 2024 newsletter HERE.

The text version is below:

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I hope you all had a relaxing Memorial Day weekend. Summer is almost here!

Thank you to Attorney Holly Vietzke for her presentation on the Fundamentals of Estate Planning and Special Needs Planning on May 21. It was very informative, and reminds me there are plenty of reasons you want to consider an estate plan for the first time or update one you already have. Attorney Vietzke does consultations as well.

Thank you to special education advocates who have been attending my monthly virtual seminar series for topics in education law. Last month I discussed educational evaluations. Up next is student discipline, and future topics include collateral legal issues, BSEA decisions, and the new IEP form in Massachusetts.

Attorney Chris Connolly and I have been quite active during the “busy season” for school-related cases. Contact us if you need representation as the school year comes to a close.

A reminder that Attorney Beth Herr represents clients in guardianships and family law matters, including adoption.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (https://www.one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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There are many reasons to create or update your estate plan, and we tailor an estate plan to your needs and life circumstances.

Documents to Consider * Will (single or joint) * Trust (revocable, irrevocable, special needs) * Power of Attorney * Health Care Proxy

Reasons to Consider * Predictability for Inheritance * Having Your Decisions Honored * Care and Support for Children * Transfer of Assets * Distribution of Wealth * Estate Tax Implications * Real Estate * Change in Life Circumstances

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Unilateral Placement in Special Education

by Peter A. Hahn, Esq.

Public school districts are required to provide a free appropriate public education (FAPE) for students with disabilities. Families have several options to address a denial of FAPE, including rejecting an IEP, a due process hearing, mediation, or an administrative complaint.

One approach is a unilateral placement. In this scenario, you seek an alternative school placement or different educational programming or service that is necessary and appropriate for your child. The law allows you to seek reimbursement for the cost of the school, program, or service from the public school district.

There are several things to keep in mind when considering a unilateral placement. You do so at your own legal and financial risk. There is no guarantee that a school district will agree or be ordered to reimburse you. The decision must be connected to a denial of FAPE, and you must be able to prove it. The school, program, or service must be appropriate based on the disability-related needs of the child.

There is a notice requirement. Prior to the unilateral placement, you must provide a 10-day notice letter to the school district or inform the district at a Team meeting that you intend to place your child at private expense because of a denial of FAPE and you plan to seek reimbursement for all costs associated with the placement or program.

There is no simple way to get reimbursement. Typically you have to avail yourself of a dispute resolution process and/or sign a settlement agreement. You have to file a due process complaint within the two year statute of limitation or you forfeit your claim.

This is a complex area of law, and this list is not exhaustive. If you are considering this option, consult with an attorney before making the decision in order to ensure you are preserving any legal claim you may have to reimbursement for the unilateral placement.

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Attorney Peter A. Hahn presents

All You Need to Know About Student Discipline

as part of his monthly virtual seminar series for special education advocates

Monday, June 3, 2024 2:30-3:00 PM by Zoom