Bd. of Educ. of the City of New York v. Tom F.: Oral Argument Today
Justin Bathon on Monday, October 1, 2007 at 9:14AM The Supreme Court will hear oral arguments today in a special education case regarding public school tutition reimbursement for private school tuition in the case of Board of Education of the City of New York v. Tom F. As with many cases in special education, this one is somewhat complicated and relies heavily on the langugage of the Individuals with Disabilities Education Act, particularly 20
U.S.C. § 1412(a)(10)(C)(ii). Basically, in question is whether or not a child must actually attend a public school placement (give it a try) before he or she is entitled to private school tutition reimbursement from the public school. The Second Circuit has already ruled in favor of the parent. School groups are claiming it would put an additional burden on already tight special education funds while advocacy groups are arguing the provision of such reimbursement is necessary to better serve special education students.
It should be an interesting case.
A full brief of the case is provided by the Legal Information Institute Bulliten (who did a very nice job and we appreciate the service).
And, my friend Jim Gerl at The Special Education Law Blog will be at the Supreme Court tomorrow and will have analysis afterward, so be sure to check his site.
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