Supreme Court News

From Special Ed News, Jan 22, 2009

Court Grants Cert in Private Placement Case
The Supreme Court has granted certiorari in a private placement case from Oregon, giving it a new opportunity to decide under what circumstances families of students with disabilities can be reimbursed for the cost of private tuition. Forest Grove Sch. Dist. v. T.A., 50 IDELR 1 (9th Cir. 2008), petition for cert. filed (U.S. 09/03/08) (No. 08-305). The court announced its decision Jan. 16, after first discussing it Jan. 9. Briefs by the district are due Feb. 25, and briefs by the family of T.A. are due March 25. The Oregon case is important because it gives the Court another chance to decide what Congress meant in 1997 when it amended the IDEA and described at least one scenario under which parents could be reimbursed for the private education of a student with disabilities. Under that scenario, a court or hearing officer may award tuition reimbursement to the parents of a child who has previously received special education services under public auspices if the district failed to offer FAPE.