Supreme Court victory for parents of students with disabilities
Justices rule that parents who remove a disabled child from public school can be reimbursed for private instruction. The court says a 'free, appropriate' education is a public duty.
Click here to read the full opinion
"We conclude that the Individuals with Disabilities Education Act authorizes reimbursement for the cost of private special education services when a school district fails to provide a free, appropriate public education . . . regardless of whether the child previously received special education or related services through the public school."
- Justice John Paul Stevens
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___________Excerpt from the decision:
certiorari to the united states court of appeals for the ninth circuit
After a private specialist diagnosed respondent with learning disabilities, his parents unilaterally removed him from petitioner public school district (School District), enrolled him in a private academy, and requested an administrative hearing on his eligibility for special-education services under the Individuals with Disabilities Education Act (IDEA), 20 U. S. C. §1400 et seq. The School District found respondent ineligible for such services and declined to offer him an individualized education program (IEP). Concluding that the School District had failed to provide respondent a “free appropriate public education” as required by IDEA, §1412(a)(1)(A), and that respondent’s private-school placement was appropriate, the hearing officer ordered the School District to reimburse his parents for his private-school tuition. The District Court set aside the award, holding that the IDEA Amendments of 1997 (Amendments) categorically bar reimbursement unless a child has “previously received special education or related services under the [school’s] authority.” §1412(a)(10)(C)(ii). Reversing, the Ninth Circuit concluded that the Amendments did not diminish the authority of courts to grant reimbursement as “appropriate” relief pursuant to §1415(i)(2)(C)(iii). See School Comm. of Burlington v. Department of Ed. of Mass., 471 U. S. 359 .
Held: IDEA authorizes reimbursement for private special-education services when a public school fails to provide a FAPE and the private-school placement is appropriate, regardless of whether the child previously received special-education services through the public school.
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