One of the more confounding Supreme Court happenings of 2007 was Justice Anthony Kennedy's recusal in two cases involving an important issue arising under the Individuals with Disabilities Education Act. The question, returning to the Court soon, is whether parents can obtain tuition reimbursement for direct placement of their child in a private school special education program without first trying a public school program. If the Court agrees to hear the new case, will Kennedy sit it out again?
Will Justice Kennedy Recuse Again?
October 21, 2008