Reporting from Washington — The Supreme Court took the side of parents of children with disabilities today, ruling that they can claim reimbursement for the cost of private schooling if the public system failed to offer an appropriate program for their child.
The 6-3 decision settles a heated and costly dispute that has arisen across the country. It also deals a potentially expensive setback to public school systems that are strapped for money.
At issue was who must pay the cost if parents of a child with a disability withdraw him from public school and send him to a private school.
In a case from Oregon, school officials argued they should not have to pay the high cost if parents act unilaterally.
Lawyers for the parents of a high school boy identified only as T.A. said the Forest Grove School District failed to provide any special education for him, despite his learning and behavior problems due to attention deficit hyperactivity disorder. They enrolled him in a private residential academy that cost $5,000 a month and later sought a reimbursement from the school district.
An administrative law judge ruled for the parents and said the school district failed to provide an appropriate learning program for T.A.
The Supreme Court upheld that decision today. The justices said the federal law imposes a public duty to provide a "free, appropriate" education for all children with disabilities.
"We conclude that the Individuals with Disabilities Education Act authorizes reimbursement for the cost of private special education services when a school district fails to provide a free, appropriate public education . . . regardless of whether the child previously received special education or related services through the public school," said Justice John Paul Stevens.
His opinion in Forest Grove vs. T.A. was joined by Chief Justice John G. Roberts Jr. and Justices Anthony M. Kennedy, Ruth Bader Ginsburg, Stephen G. Breyer and Samuel A. Alito Jr.
The ruling was also the first of this term to uphold a ruling of the U.S. 9th Circuit Court of Appeals in San Francisco.
david.savage@latimes.com
