Supreme Court to Hear Special Education Arguments on October 1, 2007

Wednesday, September 26, 2007
Contributed by: Andrea L. Slater Gulley

On October 1, 2007, the United State Supreme Court will hear oral arguments in the case of Board of Education of the City School District of New York v. Tom F. ex rel. Gilbert F. (cert. granted February 26, 2007). At issue is whether the holding of the United States Court of Appeals for the Second Circuit, stating that the Individuals with Disabilities Education Act permits tuition reimbursement where a child has not previously received special education from a public agency, stands in direct contradiction to the plain language of 20 U.S.C. section 1412(a)(10)(C)(ii), which authorizes tuition reimbursement to the parents of a disabled child who previously received special education and related services under the authority of a public agency. For copies of the briefs on the merits, go to http://www.abanet.org/publiced/preview/briefs/home.html and click on "Board of Education v. Tom F."

Please visit the Underwood Law Firm website for updates on oral arguments and a summary of the Court's final decision.

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.