Board of Education v. Tom F.
The Board of Education sued Tom F. trying to reverse an administrative ruling that Tom F. is entitled to tuition reimbursement under the Individuals with Disabilities Education Act (IDEA). Tom F. placed his son, Gilbert F., who has a learning disability, in a private school after his school district was unable to find an appropriate placement. After two years (in which the district reimbursed Tom F. for his private tuition costs), the district developed an Individualized Education Plan (IEP) that placed Gilbert in a public school program. Not satisfied with the IEP, Tom F. challenged the IEP; an administrative hearing officer ruled in favor of Tom F. and ordered the district to continue paying Gilbert's private school tuition. Gilbert F. has never attended public school.
The Board of Education challenged the ruling in federal district court, which overturned the administrative decision on the grounds that a student who has not previously received special education from a public agency is not entitled to tuition reimbursement under the IDEA. The United States Court of Appeals for the Second Circuit reversed, based on its decision in Frank G. v. Board of Education of Hyde Park, in which the court ruled that the "IDEA did not preclude reimbursement when student had not previously received special education and related services."
Question Presented:
Does the holding of the United States Court of Appeals for the Second Circuit, stating that the Individuals with Disabilities Education Act permits tuition reimbursement where a child has not previously received special education from a public agency, stand in direct contradiction to the plain language of 20 U.S.C. ยง 1412(a)(10)(C)(ii) which authorizes tuition reimbursement to the parents of a disabled child "who previously received special education and related services under the authority of a public agency"?
Decisions under Review:
Board of Education v. Tom F. (summary order)
