Justices hear dispute over special education
WASHINGTON - A lawyer for an Oregon high school student told the Supreme Court yesterday that the public education system failed to address the boy's learning problems and then improperly denied his parents reimbursement after they enrolled him in a private school.
WASHINGTON - A lawyer for an Oregon high school student told the Supreme Court yesterday that the public education system failed to address the boy's learning problems and then improperly denied his parents reimbursement after they enrolled him in a private school.
A lawyer for the school system argued that the student's parents should have given public special-education programs a chance before seeking reimbursement for private-school tuition.
"All the parents have to do in that situation is to give [public education] a try and send their child to public school," said Gary Feinerman, an attorney representing the Forest Grove, Ore., School District.
In the case, Forest Grove School District v. T.A., the Supreme Court is trying to decide when taxpayers must foot the bill for private schooling for special-education students.
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.
But school districts and their supporters say a ruling in favor of the parents would open the door for parents to bypass public schools and go directly to private school - and then ask for reimbursement from school systems already burdened by ever-increasing costs.
In the Oregon case, the family of a teenage boy diagnosed with attention deficit hyperactivity disorder sued the school district, saying the school did not properly address his learning problems.
The family is seeking reimbursement for the student's tuition, $5,200 a month, for a total of $65,000.
Federal law calls for school districts to reimburse students or their families for education costs when public schools cannot address the students' needs.
Under the Individuals With Disabilities Education Act, special-education students are entitled to a "free and appropriate public education."
In its appeal to the Supreme Court, the Forest Grove School District said students should at least give public special-education programs a try before seeking reimbursement for private tuition.
Chief Justice John G. Roberts seemed sympathetic to that point, noting that in many cases a tryout period could be as short as 10 days.
"What's wrong with 10 days?" Roberts asked.
David Salmons, a lawyer for the student - identified as T.A. - said a 10-day tryout was impractical.
Justice John Paul Stevens told Feinerman, the school district's lawyer, that his interpretation of the law could give public schools an incentive to deny special-education services for students it deems don't need them.
Justice Anthony M. Kennedy appeared to agree.
Later, Kennedy seemed to seek middle ground, asking whether the court should add to the parents' burden in such cases by requiring parents to show that the district's education plan is deficient.
Read the argument transcripts via http://go.philly.com/forest EndText
