Special Education At Center Stage in Supreme Court

The Supreme Court is examining a case of extraordinary importance to thousands of students all over America. This courtroom drama involving special education reimbursement has thriller written all over it. The characters are 1) the proponents of the Individuals with Disabilities Education Act (IDEA) and 2) the public school system. The plot: should public schools reimburse the parents of special education students for private school tuition. The twist: the students in question never actually attended special education classes in the public school. Teachers and students are collectively holding their breaths as this suspense suit reaches its final act.

This case will have significant fiscal consequences for parents and schools. Here are the facts. The parents of a child once attending a public school in Oregon enrolled their son in a $5,200/month private school to address his behavioral problems. The student had a history of problems such as angry outbursts in the past, but nonetheless was not qualified to attend special education classes in public high school. Although on his evaluation sheet from the public high school, it is noted that he may suffer from attention deficit hyperactivity disorder, he was never given an evaluation for that specific affliction from the district. As a result of the child’s behavioral deterioration and the lack of response from the public school district, the parents enrolled the child into private school to address these concerns.

The Supreme Court’s ruling will be determined by how they read the language of IDEA and whether the stipulation granting disabled children “free appropriate public education” can be expanded to mean that parents can seek tuition compensation from public schools for private education. The ruling hinges on the interpretation of an amendment to the Individuals with Disabilities Education Act (IDEA), which requires that disabled children receive a “free appropriate public education.”

While in front of the appellate court, the judge ordered the public school district to pay for the student’s private school tuition. However, the district court asks the Supreme Court to reverse that decision because the student in question never received special education services in public school. They argue that the public school should not be forced to compensate his parents for services he never got in public school but then received in an extremely expensive private school. Their contention is that this is far outside the bounds of IDEA and should not be affirmed by the Supreme Court.

The parents have a different take on it. They contend that the public school district’s argument is groundless and its actions dishonorable. The parents contend that if a school district that refuses to give a needy child special education service is completely protected from penalty, what is the incentive in actually providing services to the student? A school system can blindly or willfully not give a student a proper evaluation and proper special education classes and not face any punishment for its inaction. This way, the school is kept to its duty and made to do a full inspection of a student before it denies services to him.

This case, however it turns out, is a blockbuster one for special education. It will either limit or expand the rights of IDEA, and by consequence, limit or expand the rights of parents with special education students. As Hollywood as this case is, the implications are as real as they get.

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