Special education reimbursement

1. Under the Individuals with Disabilities Education Act, in order to determine whether the parent of a disabled child is entitled to reimbursement from the local school district for a unilateral placement, administrative officers and courts apply the Burlington/Carter analysis. If the parent prevails on the first two prongs of that test, is there a rebuttable presumption of full reimbursement, which the school district may rebut only by producing evidence showing that the equities do not favor full reimbursement? 2. At an impartial hearing seeking reimbursement for a private placement under the Individuals with Disabilities Education Act, does a Parent waive her right to seek transportation funding when her attorney makes a misstatement as to the relief sought, despite making a claim for transportation in the Due Process Complaint, presenting evidence to support the claim, and never abandoning the claim? 3. Under the Burlington/Carter test to determine a parent’s entitlement to public funding of a private placement, is the parent held to a higher standard of proof under Prong II than the school district is held under Prong I, or a lower standard of proof?