Continued TLS Exclusive: Supreme Court Decision Favoring Private School Reimbursement: The Lakewood Reality.

The Supreme Court decision comes in the case of Forest Grove School District v. T.A. The case centers on an Oregon teen who attended public school for years, but was not diagnosed with a disability until his parents enrolled him in a private placement. The teen’s parents later sought reimbursement from the school district even though the boy had never been enrolled in special education within the school district.Under the Individuals with Disabilities Education Act (IDEA), children with disabilities are entitled to a free and appropriate education (FAPE) until age 22. It has long been held that parents could seek reimbursement for private placements if a child’s needs could not be met by the school district. But schools have argued that parents must first give public education a try.The court’s 6-3 ruling Monday in favor of the teen and his family found that not to be the case.“We conclude that IDEA authorizes reimbursement for the cost of private special education services when a school district fails to provide a FAPE and the private school placement is appropriate, regardless of whether the child previously received special education or related services through the public school,” Justice John Paul Stevens wrote in the majority opinion.Two years ago the Supreme Court heard a similar case, but failed to render a decision when Justice Anthony M. Kennedy recused himself and the other justices were evenly divided, 4-4. (click here to comment on home page article).

This content, and any other content on TLS, may not be republished or reproduced without prior permission from TLS. Copying or reproducing our content is both against the law and against Halacha. To inquire about using our content, including videos or photos, email us at [email protected].

Stay up to date with our news alerts by following us on Twitter, Instagram and Facebook.

**Click here to join over 15,000 receiving our Whatsapp Status updates!**

**Click here to join the official TLS WhatsApp Community!**

Got a news tip? Email us at [email protected], Text 415-857-2667, or WhatsApp 609-661-8668.