Supreme Court to Hear Oral Argument in New Case
On Monday, October 1, 2007, the U.S. Supreme Court will hear oral
argument in New York City Board of Education v. Tom F., on Behalf of
Gilbert F., a Minor Child.
The Court will decide whether all children with disabilities,
including those who are enrolled in private programs, are entitled to
a free appropriate public education. The decision will have
significant implications for parents, school districts, and children
with disabilities who receive special education services.
Facts of the Case:
The Individuals with Disabilities Act (IDEA) guarantees students with
disabilities a “free appropriate public education.” Tom Freston
enrolled his son Gilbert in a private school for students with
special needs, because the New York City school district was unable
to establish an adequate “individualized education program.” The
school district reimbursed Freston for the private school tuition.
After two years the school district offered to place Gilbert in
another public school, but Freston chose to keep his son in private
school and again sought tuition reimbursement from the district.
A U.S. district court ruled that the school district was not required
by the IDEA to reimburse Freston, because Gilbert had never been
enrolled in public school. The relevant section of the IDEA
authorizes tuition reimbursement to the parents of a disabled child
“who previously received special education and related services under
the authority of a public agency,” but it does not explicitly state
that parents of children who have never received public education are
not entitled to reimbursement. The U.S. Court of Appeals for the
Second Circuit vacated the district court. By comparing the disputed
section of the IDEA with other sections of the statute, the Second
Circuit reasoned that the IDEA was not meant to deny reimbursement to
students who have never been enrolled in public school. To rule
otherwise, the Circuit Court held, would be to require parents like
Freston to enroll children in inadequate public schools in order to
be eligible for tuition reimbursement.
Question:
Does the Individuals with Disabilities Act provide for public tuition
reimbursement for private school when a child has not previously
received special education from a public school?
Source: National Council on Disability staff
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