Court Is Split on IDEA Private-Placement Case
The lone education case granted so far in the U.S. Supreme Court’s new term came to a quick conclusion this week as the justices divided equally over an appeal from the New York City school system about paying for private school placements under the main federal special education law.
The 4-4 tie in the case means that a federal appeals court ruling in favor of a New York City parent was affirmed without an opinion from the justices. The result, which was made possible by Justice Anthony M. Kennedy’s recusal from the case, carries little weight as a nationwide precedent.
At issue in Board of Education of New York City v. Tom F. (Case No. 06-637) was a question under the Individuals with Disabilities Education Act: Must parents of children in special education give public schools a try before enrolling such students in private schools and then seeking tuition...
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