The Supreme Court of the United States recently resolved the question of whether the 1997 amendments to the Individuals with Disabilities Education Act (IDEA) (20 USC §1400 et seq.) “categorically prohibit reimbursement for private-education costs if a child has not ‘previously received special education and related services under the authority of a public agency’” (Forest Grove School District v. T.A., 557 U.S.—, 129 S Ct 2484 [2009], quoting 20 USC §1412[a][10][c] [ii]). It held that parents may be entitled to tuition reimbursement even when the public school district had never provided their child with special education services.
The facts presented were these: The respondent, T.A., was a public school student from kindergarten through the winter of his junior year in high school. From kindergarten through eighth grade, T.A.’s teachers noted his difficulty in paying attention in class and completing his homework. His difficulties increased in high school.
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