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Court disagrees with public schools, says family should get reimbursement
Published on Tuesday, Jun 23, 2009
Associated Press
WASHINGTON: The Supreme Court on Monday shifted the landscape for students with learning disabilities, saying parents can in many instances bypass public school special education programs and be reimbursed for private school tuition instead.
The court ruled 6-3 in favor of a teenage boy from Oregon whose parents sought to force their local public school district to pay the $5,200 a month it cost to send their son to a private school.
Under the Individuals With Disabilities Education Act, the nation's special education students are entitled to a ''free and appropriate public education.'' Federal law calls for school districts to reimburse students or their families for education costs when public schools do not have services that address or fulfill the students' needs.
But schools have argued that the law says parents of special education students must give public programs a chance before seeking reimbursement for private school tuition.
The Forest Grove, Ore., School District said the parents were ineligible for reimbursement because their son had not been in public special education classes.
A majority at the Supreme Court disagreed.
Also on Monday, the court:
• Upheld a federal government permit to dump waste from an Alaskan gold mine into a nearby lake, even though all its fish would be killed. The justices on a 6-3 vote said a federal appeals court wrongly blocked the permit on environmental grounds. Environmentalists fear that the ruling could set a precedent for how mining waste is disposed in American lakes, streams and rivers.
• Refused to revive a lawsuit that former CIA operative Valerie Plame and her husband, former Ambassador Joseph Wilson, brought against former members of the Bush administration. A lower court last year threw out their lawsuit accusing Vice President Dick Cheney and several former high-ranking administration officials of revealing her identity to reporters in 2003.
• Turned away an appeal from a Wal-Mart cashier who was convicted of conspiring to manufacture and pass counterfeit money. She said the fake money she agreed to take from counterfeiters was so poorly made that she shouldn't have been convicted of working with them.
• Took on the question of whether a suspect has to be told that he has a right to have a lawyer present during questioning by police. The Florida Supreme Court said Miranda warnings should include not only disclosure that a suspect has a right to an attorney before police questioning, but also during police questioning. The Florida attorney general disagreed and appealed the case to the Supreme Court. The court will hear arguments this fall.
Get the full article here.
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