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Before deciding, identify the removal date and the public offer you dispute. Section 300.148(d) addresses notice at the last IEP meeting attended before removal, or written notice at least 10 business days before removal. This is not a rule of 10 school days before classes begin.
Content and proof
State that you reject the proposed public placement, explain your concerns, and identify your intent to enroll privately at public expense. Keep the notice and evidence of receipt. For this calculation, the provision includes holidays falling on business days.
Exceptions and other factors
The rule protects against reduction for missing notice where the school prevented it, parents were not informed of the requirement, or compliance would likely cause physical harm. It allows discretion for illiteracy, inability to write English, or likely serious emotional harm. It also addresses unavailability for an evaluation properly announced under the rule and unreasonable conduct.
Prepare an informed decision
Prepare a timeline with IEPs, minutes, evaluations, the public offer, private proposal, and costs. This is practical preparation for review, not an additional statutory checklist. We can review the notice and evidence before you make financial commitments.
The answer for your situation depends on the facts and records. An inquiry does not suspend legal deadlines or guarantee that the office will accept the case.
Reference sources
34 C.F.R. § 300.148 · Private placement and reimbursement20 U.S.C. §1412(a)(1), (3), (5), (10) · FAPE, Child Find, LRE, private schoolsRules must be read in context. This explanation may require updating and individual review.