Justices Weigh IDEA Private Placements

The U.S. Supreme Court appeared sympathetic last week to arguments from the New York City school district that Congress intended to limit when parents of children in special education may be reimbursed for such students’ private school tuition.

At issue in Board of Education of the City of New York v. Tom F. (Case No. 06-637) is whether parents may win reimbursement for “unilateral” private school placements—enrollment without the agreement of the school district—if their children have never attended public school.

“There are a lot of parents who are going to send their children to private schools no matter what. They are well-heeled, and this is just an opportunity to have New York City pay $30,000 of it,” Justice Antonin Scalia said on Oct. 1 to the lawyer for a parent who challenged the special education program the district had...

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