Special Education Listserv
Subject: Supreme Court Case on Reimbursement for Private Special Education Services
Source: Cynthia Quetsch, Legal Counsel
Intended Audience: Directors of Special Education and Other Special Education Contacts
Date: June 23, 2009
The United States Supreme Court has issued a decision holding that it is not necessary for a child with a disability to have received special education and related services from a public agency to receive reimbursement for private education costs. In Forest Grove School District v. T.A. - (No. 08-305, 2009), the Court held that IDEA authorizes reimbursement for the cost of private special education services when a school district fails to provide FAPE and the private school placement is appropriate regardless of whether the child had previously received special education or related services through the public school. The court noted that the amount of the reimbursement award may be reduced if the equities so warrant (for example, parents fails to give notice of the intent to enroll the child in private school). The Court reiterated that parents who unilaterally change their child's placement during the pendency of a review proceeding without the consent of state or local school officials do so at their own financial risk. The full opinion can be viewed at http://www.supremecourtus.gov/opinions/08pdf/08-305.pdf.