TA was a high school student in the 6,000-student Forest Grove district.  He had spent most of his educational career in Forest Grove and had never been considered for special education.  When his school work fell off, he was evaluated and found to have attention deficit hyperactivity disorder.   The school district, however, would not provide him with special education services, finding that TA’s disability was not affecting his educational progress. Two years later, TA’s parents enrolled him in a private school and asked Forest Grove to reimburse them for the cost of the tuition.  The school district refused but an administrative hearing ruled that the parents should be reimbursed.  The Oregon District Court reversed this decision but was, itself, reversed by a panel of the 9^th Circuit Court of Appeals.  The US Supreme Court will now make the final call.

DRO signed onto a brief that was submitted in support of TA’s position.  The brief, prepared by DRO’s national organization, the National Disability Rights Network, and others, supports the proposition that parents should be reimbursed when a school district utterly fails to meet the needs of a child with a disability.  TA has also received the support of the US Department of Justice.  It filed a brief stating: "When a child with a disability has been denied a free appropriate public education, IDEA authorizes an award of private-school tuition reimbursement regardless of whether the child previously received public special education."   If this were not the case, tuition reimbursement could "never be available to parents if a school district wrongly refuses to identify their child as having a covered disability."

The legal question in the case, Forest Grove School District v. T.A. (Case No. 08-305), is whether parents in a special education dispute with a school district may be reimbursed for “unilaterally” placing their child in a private school when that child has never received special education services from the district.  It is interesting to note that the Supreme Court heard the same issue in 2007 in Bd. of Ed. of NYC v. Tom F.  In that case, the court deadlocked 4-4, with Justice Kennedy not participating.  All nine justices will decide TA.  And so, if the other eight justices hold their ground, Justice Kennedy will be the decider.

DRO believes that it is essential that students receive appropriate evaluations early on and the special education and related services to which they are entitled under federal law. When schools fail to comply with the law, parents are forced to take matters into their own hands and seek other placements.  Schools should partner with parents so that the student has the benefit of the school’s experience and expertise and does not have to go elsewhere to seek an adequate education.  This cannot be achieved if schools have a fiscal incentive to cut a student loose.

. The case will be argued before the Court on April 28th.