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High court upholds tuition reimbursement for disabled children in private schools

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The US Supreme Court ruled 6-3 Monday in Forest Grove School District v. T.A. that the Individuals with Disabilities Education Act (IDEA) permits a tuition reimbursement award against a school district and in favor of parents who unilaterally place their child in private school, where the child had not previously received special education and related services under the authority of a public agency. The US Court of Appeals for the Ninth Circuit ruled that such reimbursement is not barred. Affirming the decision below, Justice John Paul Stevens wrote: we conclude that IDEA authorizes reimbursement for the cost of private special-education services when a school district fails to provide a and the private-school placement is appropriate, regardless of whether the child previously received special education or related services through the public school.Justice David Souter filed a dissenting opinion, joined by Justices Antonin Scalia and Clarence Thomas.The IDEA requires states receiving federal funding to make a "free appropriate public education" (FAPE) available to all children with disabilities residing in the state. The Court has previously held that when a public school fails to provide a FAPE and a child's parents place the child in an appropriate private school without the school district's consent, a court may require the district to reimburse the parents for the cost of the private education.

Full post as published by JURIST - The Paper Chase on June 22, 2009 (boomark / email).