A blog about living in Aberdeen, New Jersey.

Monday, June 22, 2009

US Supreme Court and Special Education

The US Supreme Court ruled today in favor of parents of special education students seeking reimbursement for private school even in cases when the child has never attended public school, at least under certain circumstances, according to a NY Times article.

John Paul Stevens wrote the majority opinion in the 6-3 ruling, saying, in part “We conclude that IDEA [Individuals with Disabilities Education Act] authorizes reimbursement for the cost of private special education services when a school district fails to provide a FAPE [free and appropriate public education] and the private school placement is appropriate, regardless of whether the child previously received special education or related services through the public school. ... It would be strange for the act to provide a remedy, as all agree it does, where a school district offers a child inadequate special-education services but to leave parents without relief in the more egregious situation in which the school district unreasonably denies a child access to such services altogether.”


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