ERIC Number: EJ863347
Record Type: Journal
Publication Date: 2009-Nov
Reference Count: 3
No Previous Public Services Required
Taylor, Kelley R.
Principal Leadership, v10 n3 p8-10 Nov 2009
In 2007, the Supreme Court heard a case that involved the question of whether a school district could be required to reimburse parents who unilaterally placed their child in private school when the child had not previously received special education and related services in a public institution ("Board of Education v. Tom F."). The Court's 4-4 ruling in that case was not definite, however, and as a result, it left in place a split on the issue in the federal circuit courts. Now the Court has handed down a ruling in a similar case, "Forest Grove School District v. T. A." (2009), but this time around, the result for schools is clear-cut. The law of the land--as it applies to the question presented in this case--is that parents may receive reimbursement from their public school districts after placing their children in private schools that meet their needs for special education, even if that child never received special education services in the public schools. Although the Court has clarified that such reimbursements are authorized under IDEA, it has also outlined a set of criteria that must be met before such reimbursement could come to fruition. Specifically, a parent who makes such a claim for tuition reimbursement would have to prove that the school district failed to make a free and appropriate public education (FAPE) available to the student in a timely manner and that the private placement is appropriate. Such conclusions would have to be arrived at in a court of law.
Descriptors: Private Schools, Courts, Disabilities, School Districts, Related Services (Special Education), Tuition, Special Education, Public Education, Public Service, Boards of Education, Public Schools, Federal Legislation, Attention Deficit Hyperactivity Disorder, Partnerships in Education, School Community Relationship
National Association of Secondary School Principals. 1904 Association Drive, Reston, VA 20191-1537. Tel: 800-253-7746; Tel: 703-860-0200; Fax: 703-620-6534; Web site: http://www.principals.org
Publication Type: Journal Articles; Reports - Descriptive
Education Level: Elementary Secondary Education
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act; Individuals with Disabilities Education Act Amendments 1997