High Court Split on Special Education Case

High Court Split on Special Education Case

Should the parents of a special-education child be required to give their local school board a chance to provide a program for the student before they seek reimbursement for placing their child in a private school? Not necessarily, according to a ruling last year by a New York federal circuit court—and affirmed last week by the U.S. Supreme Court.

The federal circuit court had interpreted the Individuals with Disabilities Act (IDEA) to permit parents to be reimbursed, even if they had unilaterally placed their child in private school, and even when the student had never been enrolled in the public school system.

On Oct. 11, the U.S. Supreme Court decided an appeal of that matter in New York City Board of Education v. Tom F. School district officials had said the public schools could provide a modified instructional program to meet the child’s needs. The parents sued for reimbursement of private school tuition. They maintained that they should not have to subject their child to an inappropriate placement to preserve their right to seek tuition reimbursement.

No National Precedent The Supreme Court split 4-4 on the case (Justice Anthony Kennedy recused himself). The split means the ruling in Tom F. remains the law in those states covered by the Court of Appeals for the Second Circuit: New York, Connecticut and Vermont. The case does not create a national precedent. However, a second case from New York addressing similar issues is now poised for Supreme Court review and could be precedent-setting in the absence of a tie.

In New Jersey, parents have been precluded from receiving reimbursement if their special education child has not previously been enrolled in the school district. While the New York decision does not control in New Jersey, it is significant because it suggests that only one justice could tip the balance either way if another case with similar issues were to be heard by a fully constituted court.

Potential Impact Interpreting the IDEA to permit reimbursement for a private school placement—when the parents have not at least tried the services recommended by an Individualized Education Program (IEP) team—could prove costly to school districts. It could also undermine efforts to provide special education in the least restrictive environment.

The National School Boards Association said the court ruling contradicts Congress’ intent. An NSBA brief in the New York case said, “Congress’ decision to require parents to attempt a public placement before being eligible for a tuition reimbursement remedy is entirely compatible with the principal focus of IDEA, which indisputably is the education of students with disabilities in public schools.”