Court says public must pay for private special ed
Legal News Center
The Supreme Court has made it easier for parents of special education students to be reimbursed for the cost of private schooling for their children.
The court ruled 6-3 Monday in favor of a teenage boy from Oregon whose parents sought to force their local public school district to pay the $5,200 a month it cost to send their son to a private school.
Federal law calls for school districts to reimburse students or their families for education costs when public schools do not have services that address or fulfill the students' needs. Under the Individuals with Disabilities Education Act, the nation's special education students are entitled to a "free and appropriate public education."
Schools have argued that parents of special education students should have given public special education programs a chance before seeking reimbursement for private school tuition. But advocacy groups and parents of some special education students contend that forcing them to try public schools first could force children, especially poor ones, to spend time in an undesirable situation before getting the help they need.
In the case before the Supreme Court, the family of a teenage Oregon boy diagnosed with attention deficit hyperactivity disorder sued the school district, saying the school did not properly address the student's learning problems. The family is seeking reimbursement for the student's tuition, which cost $5,200-a-month. The family paid a total of $65,000 in private tuition.
In its appeal, the Forest Grove School District said students should be forced to at least give public special education programs a try before seeking reimbursement for private tuition.
Justice John Paul Stevens said in his majority opinion that the federal Individuals with Disabilities Education Act requires a school district to pay for private special ed services if the public school doesn't have appropriate services.
"We conclude that IDEA authorizes reimbursement for the cost of special education services when a school district fails to provide a FAPE and the private-school placement is appropriate, regardless of whether the child previously received special education or related services through the public school," Stevens said.
Related listings
-
State court again strikes down Philly gun laws
Legal News Center 06/19/2009A state appeals court ruled Wednesday that the city cannot enforce an assault weapons ban and a law prohibiting guns bought by one person and given to another, measures passed by City Council in an effort to combat persistent gun violence. The 6-1 ru...
-
Appeals court blocks release of detainee pictures
Legal News Center 06/12/2009The U.S. government can keep pictures of detainee abuse secret while it asks the Supreme Court to permanently block release of the photographs on the grounds they could incite violence in Afghanistan, Iraq and Pakistan, a federal appeals court said T...
-
Court rejects challenge to 'don't ask, don't tell'
Legal News Center 06/09/2009The Supreme Court refused on Monday to hear a legal challenge to the Pentagon's "don't ask, don't tell" policy, a decision that allows the Obama administration to continue its slow, back-burner response to liberal activists who want gays to serve ope...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.