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Out of District Placement Looming? Preserve Your Right to Reimbursement

Whether your child with special needs requires care your school district is unable to provide or circumstances have led to a sudden need for out of district placement (residential or day school), it’s critically important to speak with an experienced special education attorney who will protect your family’s rights.

As Lenore Boyarin, Esq., Of Counsel to Sussan Greenwald & Wesler, maintains, it’s better to be safe than sorry when your child’s education, health and welfare are at stake. Further, failing to retain the appropriate advisors during out-of-district placement negotiations can cost you big financially, too.

Question: What can I do to preserve my right to reimbursement if I’ve been advised by child needs out of district placement (whether residential or day school)? If you have been advised by an educational placement advisor or mental health professional that out-of-district placement is in your child’s best interest, there are specific legal steps you must take to retain your family’s rights. There are many things you should do, but one thing you must never do. “Do not approach your school district with information about residential or day school placement. Retain legal counsel to ensure all of the proper legal notices are filed, in writing, in a timely manner. “Failure to be organized and follow the appropriate notification process gives the district the upper hand in negotiating reimbursement,” Boyarin said. “You want your child placed appropriately but it needs to be done correctly. The last thing you want is to give the school reason to reduce or eliminate your right to financial reimbursement for tuition and transportation.”

Navigating the special education landscape in New Jersey is complicated to say the least. Don’t make a move without consulting with the experienced attorneys at Sussan Greenwald & Wesler. We are committed to advocating for children with special needs and their families. Contact our office today to schedule a consultation at 609-409-3500.