I blogged about this case going before the Supreme Court HERE. The decision was released today, and yes, the school is responsible for reimbursment!
Pete Wright writes: Despite a long history of ADHD, severe depression, substance abuse problems, and failing grades, Forest Grove School District determined that T. A. was not eligible for special education services under IDEA, nor for protections under Section 504.
As T.A.'s behavior and education continued to spiral out of control, the school offered no help. Finally, his parents placed him in a private school for children with behavioral and emotional problems.
In their 6-3 decision, the Supreme Court held that:
". . . IDEA authorizes [tuition] reimbursement for the cost of private special education services when a school district fails to provide a FAPE and the private-school placement is appropriate, regardless of whether the child previously received special education or related services through the public school." (page 16 of the decision)
Full opinion here. |
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