Sometimes the law requires you to do or say certain things in a certain way, and at a certain time to get the results you want. Sounds like a spell or an incantation, doesn’t it?
Did you know that the law is magic, and that lawyers are really wizards?
It’s true! Sort of.
Here is a good example. If you want to place your child in a private school and hope to have the public school system pay for it, you must provide them notification of that intention, in a precise way, within a certain time, and to specific people. In many jurisdictions you can be barred from making a claim for reimbursement if such explicit criteria aren’t met. These are outlined in the IDEA, and you can find it, but they are well concealed. Unsurprisingly, I’ve never heard of a school district providing direct information to parents on this issue.
So, how do you conjure a result?
You must express three things:
- The school district is not providing your child with a Free and Appropriate Public Education (FAPE).
- Because they are not providing your child with a FAPE, you are going to move your child to a school where they can receive a FAPE.
- If your child is successful, you are going to seek public reimbursement for all your costs in providing your child with a FAPE, including tuition, transportation, and any related services.
This notice must be given NO LATER THAN 10 BUSINESS days before the child begins school at the new placement.
Does it have to be in writing? No, it could be given at an IEP meeting, but good luck proving you gave it if you didn’t give it in writing.
Can you give it to anyone in the school system? No. You must give it to someone with reasonable authority such as the principal, the director of special education, your child’s case manager or maybe just a teacher, but it is far better to err on the side of caution here and deliver it to someone senior.
This isn’t just useful for a full private school placement. We have used this notice successfully for our clients to get reimbursement for programs they provide for their child when the school won’t—such as tutors or ESY programs.
So, don’t be a muggle. Learn to use legal magic when you need to!