''Forest Grove School District v. T. A.'', 557 U.S. 230 (2009), is a case in which the United States Supreme Court held that the Individuals with Disabilities Education Act (IDEA) authorizes reimbursement for private special education services when a public school fails to provide a " free appropriate public education" (FAPE) and the private school placement is appropriate, regardless of whether the child previously received special education services through the public school..

Background

T.A. attended public school in the Forest Grove School District in Forest Grove, Oregon, from kindergarten through the winter term of his junior year in high school. In high school T.A. had difficulty with his schoolwork, but the school determined that T.A. did not qualify for special education services. In 2003 T.A. was diagnosed with ADHD and a number of learning disabilities. Subsequently, T.A. was enrolled in a private school that focused on special needs children.

Opinion of the Court

Justice Stevens John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-olde ...

held that the Individuals with Disabilities Education Act did not categorically bar reimbursement of private education tuition if a child had not previously received special education and related services through the school. The court remanded the case back to the United States District Court for the District of Oregon to determine if the family at issue was then entitled to reimbursement.

Dissent

Justice Souter filed a dissent joined by Justice Scalia and Justice Thomas. Justice Souter argued that ''School Comm. of Burlington v. Department of Ed. of Mass.'', 471 U.S. 359 (1985), was controlling and IDEA prohibits reimbursement if the school district has made a free appropriate public education available.

Subsequent history

In December 2009, federal district court judge

Michael W. Mosman Michael Wise Mosman (born December 23, 1956) is a Senior United States district judge of the United States District Court for the District of Oregon. He served as Chief Judge for the U.S. District Court for the District of Oregon from February 1 ...

determined the family was not eligible for reimbursement under the IDEA. The parents in the case had sent their son to Mount Bachelor Academy due to behavioral problems and the use of drugs. Mosman ruled that the special reason for the special education, behavioral issues and drug use, were not disabilities covered under federal law, and the parents had not listed ADHD when applying to the academy. The parents appealed the decision to the Ninth Circuit, which upheld Judge Mosman's ruling.

References

External links

* {{caselaw source , case = ''Forest Grove School District v. T. A.'', {{ussc, 557, 230, 2009, el=no , cornell =https://www.law.cornell.edu/supct/html/08-305.ZO.html , courtlistener =https://www.courtlistener.com/opinion/145855/forest-grove-school-dist-v-t-a/ , googlescholar = https://scholar.google.com/scholar_case?case=7935833608653847174 , justia =https://supreme.justia.com/cases/federal/us/557/230/ , oyez =https://www.oyez.org/cases/2008/08-305 , other_source1 = Supreme Court (slip opinion) , other_url1 =https://www.supremecourt.gov/opinions/08pdf/08-305.pdf
Court Affirms Reimbursement for Special Education (NYT)
United States Supreme Court cases United States Supreme Court cases of the Roberts Court 2009 in United States case law Forest Grove, Oregon Education in Washington County, Oregon United States education case law United States disability case law

Background

Opinion of the Court

Dissent

Subsequent history

See also

References

External links