NSBA Urges Supreme Court to Rule on Special Education Tuition Reimbursement

Alexandria, Va. – October 7, 2008 – The National School Boards Association (NSBA) filed a brief yesterday in the case T.A. v. Forest Grove School District. The case centers around whether or not school districts should have to reimburse tuition for special education students who attend private schools. The facts of the case are similar to a case that was before the court nearly a year ago, Board of Education of the City School District of New York v. Tom F. The Tom F. case was a 4-4 decision, with Justice Kennedy recusing himself, thus letting stand the decision of the lower court.

NSBA’s brief encourages the Court to take the case due to the significant financial impact it would have on school districts. In the current case, the parents denied their child needed special education services until they placed him in a private residential school without consulting with the public schools. NSBA argues that a literal reading of IDEA limits school districts’ financial responsibilities for children with disabilities who are unilaterally placed in private schools.

“The Court hearing this case is essential to school districts all across the nation as they strive to educate all students,” said Anne L. Bryant, executive director of NSBA. “Our school districts are committed to providing high quality instruction for students with special needs, and a decision in this case would ensure that districts are empowered to continue doing that.”

Francisco M. Negron, Jr., NSBA’s General Counsel added, “Without a decision in the Tom F. case last year, the Court has left open the question of reimbursement for services to special education students that are placed in private schools unilaterally by their parents. We would ask that the Court agree to hear this new case with an eye towards upholding the collaborative framework of IDEA as Congress intended.”

Founded in 1940, the National School Boards Association is a not-for-profit federation of state associations of school boards representing 95,000 local school board members throughout the United States. Its mission is to foster excellence and equity in public elementary and secondary education through local school board leadership. NSBA represents the school board perspective in working with federal government agencies and national organizations that impact education, and provides vital information and services to state associations of school boards throughout the nation.

NSBA amicus brief:
www.nsba.org/MainMenu/SchoolLaw/AmicusBriefs/BdofEducoftheCitySchDistoftheCityofNewYorkvTomFUSSupCt.aspx