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Court Favors Parents in Battle Over Special-Education Tuition

Federal law authorizes reimbursements for private school tuition, even when a child has never received special education services from a public school, the U.S. Supreme Court ruled today.

The justices ruled 6-3 in Forest Grove School District v. T.A. (Case No. 08-305) that 1997 amendments to the Individuals with Disabilities Education Act meant to rein in the costs of private school placements did not remove the power of hearing officers and federal judges to order such reimbursements under the proper circumstances.

“A reading of the act that left parents without an adequate remedy when a school district unreasonably failed to identify a child with disabilities would not comport with Congress’ acknowledgment of the paramount importance of properly identifying each child eligible for services,” Justice John Paul Stevens wrote for the majority.

The case raised the question of whether parents in a special education dispute with a school district may be reimbursed for “unilaterally” placing their child in a private school when that child has never received special education services from the district. The court took up the same issue in 2007, in Board of Education of New York City v. Tom F., and deadlocked 4-4. Justice Kennedy had recused himself in the case for undisclosed reasons. (“Court Is Split on IDEA Private-Placement Case,” Oct. 17, 2007.)

The new case was from the 6,000-student Forest Grove district in Oregon. The district appealed a ruling in favor of parents who sent their son to a private school for children with behavioral and emotional problems some two years after a district evaluation had determined that the boy was ineligible for special education. The district eventually determined that the student had attention deficit hyperactivity disorder, but that the disorder wasn’t affecting his educational progress. The parents appealed to a hearing officer, who ruled they should be reimbursed for enrolling their son in a residential program with tuition of more than $5,000 a month.

A federal district court reversed the hearing officer, but a panel of the U.S. Court of Appeals for the 9th Circuit, in San Francisco, held in a 2-1 ruling last year that the district court should reconsider whether the parents were entitled to reimbursement. The IDEA says tuition reimbursements for such unilateral private school placements are available only to students “who previously received special education and related services.” The appeals court held that the language, added in the 1997 reauthorization of the IDEA, did not “create a categorical bar to recovery of private school reimbursement for all other students.”

That decision was then appealed to the Supreme Court, which heard arguments in May. In his opinion upholding the 9th Circuit today, Justice Stevens said there was no evidence Congress intended to “supersede” two other Supreme Court decisions that authorized reimbursement for private school tuition under the IDEA.

To read the complete article, please see: Edweek.org

www.gasubstanceabuse.org 

The Georgia Council on Substance Abuse is conducting a membership drive and your support makes our public policy and advocacy voice stronger!

The mission of GCSA is to reduce the impact of substance abuse in Georgia communities by:

• Influencing Public Policy to enable effective solutions for improving the coverage and success of prevention, treatment and recovery programs and services
• Providing education and training on issues relevant to the addiction field, and acting as a clearinghouse of information relative to  substance abuse prevention, treatment and recovery-related issues
• Providing advocacy by serving as a catalyst among various organizations in the prevention, treatment and recovery support fields to identify and initiate unique ways to mobilize a powerful voice for change

With a small yet resourceful administrative staff and a dedicated Board of Directors, GCSA is an active presence on several statewide boards and committees that impact the behavioral health community by providing a positive and clear voice advocating for addiction prevention, treatment and recovery.  These include:

• Olmstead Planning Council (appointed by the Governor)
• Mental Health Planning & Advisory Council (appointed by DHR Commissioner)
• Georgia School of Addiction Studies Board
• Kidsnet Georgia Statewide Collaborative
• Southeast Addiction Technology Transfer Center (SEATTC) Advisory Board
• Georgia Brief Assessment, Screening, Intervention, Continuum of Care System (BASICS) Policy Steering Committee
• Georgia Association of Recovery Residences (GARR) Affiliate Board Member
• Alcohol & Drug Certification Board of Georgia (ADACB/GA)
• Faces & Voices of Recovery (FAVOR)Southeast Regional Member

To reduce the impact of substance abuse in Georgia communities and to create a powerful voice for addiction prevention, treatment and recovery, we need your help!  

Annual Membership in GCSA includes:

• Education and advocacy related to legislation, public policy and regulation
• Legislative/Action alerts concerning events in Atlanta and Washington 
• Professional Development Opportunities – reduced registration for training/reduced vendor cost
• E-Mail and Internet connection to important information related to addiction prevention, treatment and recovery, including resource locators for community-based support groups!
• Opportunities to highlight your organization's activities on the GCSA website and send email blasts to special events and trainings
• Participation in the activities of our committees and work groups

Message from the Executive Director:

This has been a year of transition for the Council.  It has been my privilege to serve as Executive Director since October 1, 2008.  Since that date, we have refocused our mission to reflect what we do best, have summoned up our capacity to be a positive voice for addiction prevention, treatment and recovery support, and reached out to our partners and allies in new and exciting ways.  Become a member today!  

Neil Kaltenecker, Exec. Director

Membership Costs:

Individual - $50

Organization - $250

 

Your support is essential to our success!  Become a member today!

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