NASET News Alert

Supreme Court - Parents Of Special Education Students Can Seek Reimbursement

June 24, 2009

In a decision that could cost school districts millions of dollars, the United States Supreme Court ruled on Monday 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 struggling Oregon high school student, identified in court documents only as T.A., 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 T.A.'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.

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