Jun 22, 2009
Today, by a 6 to 3 vote, the Supreme Court ruled in Forest Grove School District v T.A. that the IDEA authorizes tuition reimbursement for private school special education services if the school district does not offer an appropriate public program, even though the student hadn't previously received special education services through the public school.
School districts had argued that parents must first give public school programs a chance before placing a child in a private program and seeking tuition reimbursement. But parents and advocacy groups had strongly argued that parents should not be required to place a child in an inappropriate program and see the child fail, before seeking an appropriate private program.
Writing for the majority of the Court Justice Stevens said: "We conclude that IDEA authorizes reimbursement for the cost of special education services when a school district fails to provide a FAPE and the private-school placement is appropriate, regardless of whether the child previously received special education or related services through the public school."
