Supreme Court Affirms Reimbursement for Parentally-Placed Private School Children

On Wednesday, October 11, 2007, the U.S. Supreme Court affirmed a federal court ruling that children with disabilities who are placed in private schools by their parents, even without first attending public school, are entitled to tuition reimbursement when the public school cannot provide a free and appropriate education (FAPE).

Tom F. received tuition reimbursement for his son’s private school placement for two years because the school district was unable to provide his son a FAPE. Later, when the school district determined it could provide a FAPE in a public school, Tom F. requested a due process hearing. Tom F. challenged the appropriateness of the individualized education program (IEP) and placement, contending that the IEP was inappropriate and continued private placement was necessary.

A hearing officer found that the public placement was inappropriate and granted Tom F.'s request for tuition reimbursement. On appeal, a state review officer affirmed the hearing officer's decision. The school district appealed again and the U. S. District court reversed the decisions of the impartial hearing officer and state review officer holding that IDEA does not require a school district to reimburse a parent if the child has never been enrolled in public school. The U.S. Court of Appeals for the Second Circuit vacated and remanded the decision. The Second Circuit held that the IDEA was not meant to deny reimbursement to students who have never been enrolled in public school.

With Justice Kennedy recusing himself, the Court was split 4-4. While the ruling upheld the lower court decision in a brief per curiam opinion, it means New York City Board of Education v. Tom F., on Behalf of Gilbert F., a Minor Child, does not set precedent on this issue. Therefore, the case is resolved but the issues remain outstanding.

Source: http://jurist.law.pitt.edu/paperchase/2007/10/supreme-court-affirms-reimbursement-for.php
Author: TRW