Supreme Court Issues Opinion in Special Education Tuition Reimbursement Case

Friday, October 12, 2007
Contributed by: Andrea L. Slater Gulley

On October 1, 2007, the United States Supreme Court heard 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). The issue before the Court was whether the Second Circuit correctly held that the Individuals with Disabilities Education Act allows tuition reimbursement when a child has not previously received special education from a public agency.

Yesterday, the Court released a two sentence opinion, affirming the Second Circuit's holding. ("The judgment is affirmed by an equally divided Court. Justice Kennedy took no part in the decision of this case." See http://www.supremecourtus.gov/opinions/07pdf/06-637.pdf.) Because the Court only affirmed the 2nd Circuit's decision (i.e. the ruling is limited to New York, Connecticut and Vermont) and did not release a full written opinion, it is likely the Court will be asked again, in a future lawsuit, to consider the issue and to set precedent for schools throughout the United States.

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