US Supreme Court Grants Certiorari in IDEA Pro Se Case

Tuesday, May 29, 2007
Contributed by: Andrea L. Slater Gulley

On Monday, February 26, 2007, the United States Supreme Court granted certiorari in the case of Board of Education of the City School District of New York v. Tom F. ex rel. Gilbert. This was the second special education case to go before the Court in 2007. At issue in Gilbert is whether a student who receives special education services from a private school may receive tuition reimbursement, even if the student did not previously obtain services from a public school.

Both the Second and First Circuits have ruled on this issue. The Second Circuit held that parents are entitled to private school tuition reimbursement if the parents gave the public school "reasonable notice" that they were rejecting the student's proposed individualized education program. Board of Education of the Hyde Park Central School District v. Frank G. ex rel. Anthony G., 459 F.3d 356, 368 (2nd Cir. 2006). Conversely, the First Circuit looked to the plain language of the IDEA and held that "tuition reimbursement is only available for children who have previously received 'special education and related services' while in the public school system." Greenland School District v.
Amy N., 358 F.3d 150, 159 (1st Cir. 2004).

See related articles: Supreme Court to Hear Third IDEA Case in Two Years and Supreme Court Releases Special Education Opinion.

This column is published for informational purposes only. It should not be construed as legal advice and is not intended to create an attorney client relationship. The views expressed are those of the author and do not necessarily reflect the views of the author's law firm or its individual partners.