4 AAC 52.155. Unilateral placement by parents or other custodians

(a) A district or a state educational agency responsible for providing education to children with disabilities is not responsible to pay for the cost of education and related services of a child with a disability who is enrolled at a private school or facility by a parent or other custodian of the child if

(1) the district or state education agency made a FAPE available to the child under an IEP process as provided in 4 AAC 52.140 and 4 AAC 52.150; and

(2) the parent or other custodian elects to unilaterally place the child in a private school or facility without complying with the placement requirements of 4 AAC 52.150.

(b) Notwithstanding the requirements in (a) of this section, the responsible district shall include all children with disabilities under AS 14.30.340 .

(c) Disagreements between a parent or other custodian of a child with a disability and the district or state education agency regarding whether the placement decision reached by the district under 4 AAC 52.150 offered an appropriate education for the child, and regarding the financial responsibility for the alternative placement chosen by the parent or other custodian, are subject to the due process hearing procedures of 4 AAC 52.550.

(d) In determining the financial responsibility of a district or state education agency for an alternative educational placement under (c) of this section, a parent's or other custodian's entitlement to reimbursement shall be determined in accordance with the provisions and limitations of 34 C.F.R. 300.403(c), (d) and (e), as revised as of May 11, 1999 and adopted by reference.

History: Eff. 8/22/2001, Register 159; am 8/9/2002, Register 163

Authority: AS 14.07.060

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