Supreme Court Deadlocks on Special Education Case

The U.S. Supreme Court split 4-4 over whether school districts must finance private education for disabled children who haven't tried a public special education program first.

After hearing arguments on Oct. 1, the justices said in a one-page statement today they were upholding a lower court ruling that a man was entitled to be reimbursed for his disabled son's private schooling in New York City. The action sets no nationwide precedent. The father, identified in court papers as Tom F., is former Viacom Inc. Chief Executive Officer Tom Freston, according to the Associated Press.

"All the school districts in the country would like a more definitive result," said Leonard Koerner, a lawyer for the New York City school board, which argued against reimbursement.

The legal question may be raised before the Supreme Court again in an effort to get a decision with nationwide effect, said Paul Gardephe, an attorney for the father. Until then, the ruling is limited to the 2nd Circuit, which covers New York, Connecticut and Vermont.

"With no clear idea how they would vote, I'm pleased it came out the way it did," said Gardephe.

Justice Anthony Kennedy didn't participate in the case, giving no reasons. The court, as is its practice in deadlocked cases, didn't say which of the other eight justices were on which side of the case.

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NECTAC eNotes - October 12, 2007
2nd Quarter 2007 Policy Letters of Clarification on IDEA from the U.S. Department of Education

Source: U.S. Department of Education - October 12, 2007
Letters from the U.S. Department of Education received by individuals during the 2nd quarter of 2007, which describe interpretations of the IDEA and its implementing regulations are now available online .
For links to letters of clarification that address early childhood provisions of the IDEA (Part C and Section 619), click here.