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What factors does a hearing officer consider when a family places their child in a private special education school?
This type of placement is called a “unilateral placement.” In Massachusetts, the BSEA analyzes a unilateral private placement under the Burlington/Carter framework (established by the Supreme Court), which is a three-part test. As the party seeking relief, the parent carries the burden of persuasion.
- Did the district deny FAPE? The threshold question is whether the proposed IEP was reasonably calculated to let the student make effective progress, the Massachusetts standard. If it was, the inquiry ends and reimbursement is denied.1
- Was the private placement appropriate? The parents must show that the chosen school is responsive to the student’s needs. It doesn’t need to be state-approved or meet state education standards, so long as it delivers educational benefit.2
- Do the equities favor reimbursement?Reimbursement is an equitable remedy, so the hearing officer must consider equitable factors, including whether a family provided ten business days’ notice prior to the unilateral placement.
Across these decisions, independent evaluations and the expert testimony built on them often carry significant weight on the first two questions.
In re: Student v. Brockton Public Schools
Cited for
If the district’s program was appropriate, the inquiry ends there.
In re: Student v. Newton Public Schools
Cited for
A private placement does not need to be DESE-approved to qualify.
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Here are the three most recent BSEA decisions involving unilateral placements, by decision date:
1. Student v. Longmeadow Public Schools, BSEA #25-10207 (March 31, 2026) — Outcome: Mixed. Decided by Hearing Officer Alina Kantor Nir.
2. Student v. Medford Public Schools, BSEA #25-15229 (January 21, 2026) — Outcome: Mixed. Hearing Officer Sara Berman found the proposed placement inappropriate and concluded the parents were justified in placing the student at the Landmark School.
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