Law & Courts

Justices Decline to Hear 2nd IDEA Case on Tuition

By Mark Walsh — October 23, 2007 2 min read
  • Save to favorites
  • Print

The U.S. Supreme Court won’t be resolving an important question about private school placements under federal special education law in its current term.

The justices announced last week that they would not take up an appeal from a school district in New York state, which could have served essentially as a substitute for a case on which the court tied earlier this month.

Both cases raised the question of whether federal law requires parents to give the public schools a try before they can place their children with disabilities in private schools and seek tuition reimbursement from the public system.

Under the Individuals with Disabilities Education Act, parents may remove their children from what they consider to be an inappropriate public school placement and enroll the child in a private school “unilaterally.” If a court later finds that the proper conditions have been met, it can award tuition reimbursement to the parents at public expense.

The court heard arguments Oct. 1 in an appeal from the New York City school system, which maintained that a 1997 amendment to the IDEA required that parents enroll their children in the public school placement worked out for them under the law’s procedures before the parents could be eligible for reimbursement for a private school placement.

But just days after the arguments, the justices deadlocked 4-4 in that case, Board of Education of New York City v. Tom F. (Case No. 06-637). Justice Anthony M. Kennedy had removed himself from participation. (“Justices Weigh IDEA Private Placements,” Oct. 10, 2007, and “Court Is Split on IDEA Private-Placement Case,” Oct. 17, 2007.)

The tie means the ruling in favor of a parent by the U.S. Court of Appeals for the 2nd Circuit, in New York City, was affirmed without an opinion and without setting a national precedent.

While it was considering the merits of the Tom F. case, the court was holding on to an appeal from another district that raised the same legal issue about private school placements under the IDEA. As it turned out, Justice Kennedy apparently had a conflict of interest in that case as well, so granting review would have likely led to another 4-4 tie.

Appellate Ruling

The court on Oct. 15 declined to hear the appeal in Board of Education of the Hyde Park Central School District v. Frank G. (No. 06-580). Justice Kennedy took no part in the consideration of that case, the court said in a brief order.

The 4,600-student Hyde Park district had sought review of a ruling that upheld reimbursement to the parents of a child with attention deficit hyperactivity disorder. According to court papers, the parents had never enrolled their son in the public school system. After a disagreement over the district’s proposed education plan for the boy, the parents sought reimbursement for enrolling him in a Christian private school.

The 2nd Circuit appeals court upheld tuition reimbursement to the parents of $3,660 for the 2001-02 school year. The court unanimously rejected the district’s arguments that the 1997 amendments to the IDEA categorically barred tuition reimbursement if the parents didn’t first try the public school system’s proposed placement.

The reasoning of the Frank G. case’s panel was applied to the Tom F. case by a different panel of 2nd Circuit judges in a 2006 opinion.

It’s possible that Justice Kennedy’s conflict in the two cases stems from some aspect of the 2nd Circuit court’s handling of it. But the reason is likely to remain a mystery. The justices do not disclose the reasons they decline to participate in a case.

A version of this article appeared in the October 24, 2007 edition of Education Week as Justices Decline to Hear 2nd IDEA Case on Tuition

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
There But Not Present: Rethinking Student Engagement
Learn how to recognize the early signs of disengagement and what the behavioral science reveals about which interventions actually work.
Content provided by Frontline Education
Teacher Preparation Webinar What Teacher Education Should Look Like in the Age of AI
Explore the current trends around the use of AI in teacher preparation and continuing education with data from the EdWeek Research Center.
English Learners Webinar How Can School Districts Better Support English Learners With Disabilities?
Join this webinar to hear recent findings from the EdWeek Research Center and discover practical strategies for improvement.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Supreme Court Rejects Appeal Over School's Ban of 'Let's Go Brandon' Sweatshirts
The justices left in place a lower court ruling that schools can ban the phrase over its veiled vulgarity.
1 min read
A spectator wears a Let's Go Brandon shirt in the stands during the first half of the Hula Bowl NCAA college football game, Jan. 15, 2022, in Orlando, Fla.
A spectator wears a Let's Go Brandon shirt in the stands during the first half of the Hula Bowl NCAA college football game, Jan. 15, 2022, in Orlando, Fla.
Phelan M. Ebenhack/AP
Law & Courts Ten Commandments in Classrooms: 'Passive Display' or Part of the Curriculum?
Five states now have laws that require or authorize Ten Commandments displays in public schools.
9 min read
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, Monday, Nov. 17, 2025.
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Nov. 17, 2025. Texas is one of four states that now require the commandments be displayed in public school classrooms.
Eric Gay/AP
Law & Courts Federal Court Ruling Paves Way for Jewish Charter School in Oklahoma
A federal judge cleared the way for a Florida-based Jewish charter school network to open in the state.
Lenzy Krehbiel-Burton, Tulsa World, Okla.
•
4 min read
WASHINGTON, DC - JANUARY 10: (L to R) Montana Attorney General Austin Knudsen, Oklahoma Attorney General Gentner Drummond, Missouri Attorney General Andrew Bailey and Frank O. Bowman III, professor emeritus of law, University of Missouri School of Law arrive to testify before a House Homeland Security Committee hearing titled "Havoc in the Heartland: How Secretary Mayorkas' Failed Leadership Has Impacted the States," at the U.S. Capitol on January 10, 2024 in Washington, DC. House Republicans have started their hearings into impeaching President Biden's Secretary of Homeland Security, Alejandro Mayorkas.
Oklahoma Attorney General Gentner Drummond, second from left, was a defendant in a lawsuit from the Ben Gamla Jewish Charter School Foundation challenging a decision from the state's charter school authorizing board that denied the group's bid to open a charter school.
Kent Nishimura/Getty Images
Law & Courts Trump Admin. Turns to Student Privacy Laws in Gender Identity Fights With Schools
The feds are increasingly citing student privacy laws in gender-identity battles with school districts.
8 min read
WASHINGTON, DC - AUGUST 17: The U.S. Department of Justice Building on August 17, 2026 in Washington, DC.
The U.S. Department of Justice Building on Aug. 17, 2026 in Washington. The Justice Department has teamed up with the U.S. Department of Education to fight school and state policies concerning transgender students it deems objectionable.
Anna Moneymaker/Getty Images