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Forest Grove district loses Supreme Court appeal

Justices vote 6-3 in favor of family’s right for special education reimbursement

By Nancy Townsley

The Forest Grove News-Times, Jun 22, 2009, Updated Oct 30, 2009 (3 Reader comments)

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They then sought $5,200 a month from the Forest Grove district to pay for tuition. The district balked, and the parents went to court five years ago, seeking $65,000.

In its appeal to the Supreme Court, district officials argued that students should be required to at least give public education programs a try before asking for reimbursement for private tuition.

District special education director Brad Bafaro, as well as several district lawyers, traveled to the East Coast in April to witness arguments in the case.

In Monday’s decision, Justice John Paul Stevens said that the federal Individuals with Disabilities Education Act requires a school district to pay for private special education services if the public school does not have appropriate services.

“We conclude that IDEA authorizes reimbursement for the cost of special education services when a school district fails to provide a FAPE (free and appropriate public education) and the private school placement is appropriate, regardless of whether the child previously received special education or related services through the public school,” Stevens wrote.

Justices Antonin Scalia, David Souter and Clarence Thomas dissented in Monday’s vote.

The case now moves back to federal district court in Oregon, where the ruling of the Supreme Court, will be applied.

A similar case out of New York City, which was heard by the U.S. Supreme Court in 2007, resulted in a 4-4 deadlock.

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Reader comments

Re: Forest Grove district loses Supreme Court appeal

Many people hearing this story will not understand why a public school system would be required to pay for a private school tuition. However, the underlying lesson for school districts is really to fairly acknowledge studenta at risk of failure due to hidden disabilities (such as Depression and ADHD) and to offer them specially designed instruction and related services, such as counseling, one to one support. The Forest Grove District was gatekeeping and refused this student any eligibility, when clearly this young man was in need of special education services. Under IDEA, the parents then had no other recourse but to place the student privately. This then for Forest Grove was a denial of a free and appropriate public education. All the District had to do was actually identify and serve this student.. the District slammed the door shut. They should pay for this mistake and learn from it..expensive or not.. The problem is that our society still views some students with disabilities as throw away students..

"Noreen E Ringlein"

(email verified)

Tue, Jun 23, 2009 at 09:54 AM

Re: Forest Grove district loses Supreme Court appeal

Wow...this is in incredible...So basically, if parents have children with disorders, diseases and other ailments that dont allow them to learn in the public school system that educates millions of children all the time, the school has to foot the bill for private teachers....This is sickening....at what point do parents have to pay for their own special needs kid.....can I get my daughter' braces paid for, oh and how about her athletic supports in her tennis shoes, (she has high arches),....where does this stop...Parents: Society is not your meal ticket to whatever you wand for your special needs child...it wasnt designed that way and you should be ashamed to be asking for the sun, moon and stars, when we as a society will never recoop our expenditure....NEVER.. your child will only be marginally contributing the tax base, never own a home, never drive a car, etc etc..