The U.S. Supreme Court has ruled that parents of special education students may seek public money to pay for private schools even if their children have never used special education programs in public schools.

The case before the court involved an Oregon student who was enrolled in a residential school that costs $5,200 a month. Lawyers for the public school system in Forest Grove, Oregon, argued that this student had been found ineligible for special education classes, though he was later diagnosed with Attention Deficit Hyperactivity Disorder.

A 1997 amendment to the Individuals with Disabilities Education Act (IDEA) reads that students need to have been enrolled in special education before they can choose private alternatives.

However, in the court's majority opinion, Justice John Paul Stevens wrote, "We conclude that IDEA authorizes reimbursement for the cost of private special education services ... regardless of whether the child previously received special education or related services through a public school."

Labels: special-needs, public school, private school

Posted By: Aspen/CRC