Supreme Court makes it easier for parents of special-education students to get reimbursed for private schools

June 22, 2009
Court rules that Oregon district must pay to send special-needs student to a private school

From The New York Times: In a decision that could cost school districts millions of dollars, the U.S. Supreme Court has ruled that parents of special-education students may seek government reimbursement for private school tuition, even if they have never received special-education services in public school.The case before the court involved a Oregon high school student whose parents removed him from public school in the Forest Grove district part way though his junior year, and enrolled him in a $5,200-a-month residential school. Although Forest Grove officials had noticed the student's difficulties and evaluated him for learning disabilities, he was found ineligible for special-education services. Only after he enrolled in the private school was T.A. diagnosed with attention deficit hyperactivity disorder and other disabilities

ALSO...From The Associated Press: The U.S. Supreme Court has made it easier for parents of special education students to be reimbursed for the cost of private schooling for their children. The court has ruled 6-3 in favor of a teenage boy from Oregon whose parents sought to force their local school district to pay the $5,200 a month it cost to send their son to a private school. Federal law calls for school districts to reimburse students or their families for education costs when public schools do not have services that address or fulfill the students' needs. Schools have argued that parents of special education students should have given public special education programs a chance before seeking reimbursement for private school tuition. But advocacy groups and parents of some special education students contend that forcing them to try public schools first could force children, especially poor ones, to spend time in an undesirable situation before getting the help they need.

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