Districts must pay special ed costs
Supreme Court ruling a victory for parents
WASHINGTON – The Supreme Court strengthened the rights of parents of children with disabilities on Monday and dealt a potentially costly setback to cash-strapped public school districts across the nation.
Ruling in the case of a high school boy from Oregon, the court held that his parents may obtain a full reimbursement for the cost of sending him to a private school because the public school system failed to provide the special education he needed.
The parents’ “unilateral” decision to take their child out of the public system does not shield public officials from paying the cost, the court said by a 6-3 vote.
The ruling in Forest Grove School District v. T.A. does not mean parents can turn their backs on a public school program and automatically require public officials to pay them for the cost of private schooling. The parents’ right to a reimbursement is triggered only when a judge finds that public officials failed in their duty to provide a “free appropriate” education for a child with a mental or physical disability.
In the Oregon case, the boy was tested by a school psychologist, but officials concluded he did not have a learning disability and was not entitled to special education. Later, his parents were told by outside experts their son suffered from attention deficit hyperactivity disorder, and they enrolled him in a private residential school that charged $5,200 a month.
They eventually sought a reimbursement for $65,000, and they won before an administrative law judge, the U.S. 9th Circuit Court of Appeals in San Francisco, and now the Supreme Court.
The National School Boards Association and other education groups had urged the high court to deny the right to a reimbursement to parents who acted on their own and enrolled a child in a private school. The justices refused to do so because, in this case at least, the fault appeared to lie with the school district.
“We hope this will prove to be limited. Most parents do try to work with the school district,” said Naomi Gittins, a lawyer for the school boards group.