Supreme Court Case

SUPREME COURT DECISION

GROVE SCHOOL DISTRICT vs. T.A.

This case involved a struggling Oregon high school student whose parents removed him from public school to a private residential school that cost $5,200 per month because the public school would not provide special education services.  The major question in this case was whether parents who enroll their disabled child in a private school are entitled to tuition reimbursement if the child never received special education services from the public school.

The Supreme Court held after reviewing similar cases that the School District’s failure to provide an IEP of any kind was a serious violation of its responsibilities under the IDEA as a failure  to provide an adequate IEP.  Therefore, the Supreme Court  concluded that IDEA  authorizes  tuition reimbursement for the cost of private special education services when a school district fails to provide a FAPE and the private school placement is appropriate, regardless of whether the child previously received special education or related services through the public school system.

 

MY OPINION

I am actually torn between both sides of this case.  From the parents point of view their child had been struggling for years and even the Forest officials had noticed the student was having difficulties and did evaluate the student for learning disabilities and was found ineligible for special education services.  To make matters worse this student had a history of ADHD, severe depression, substance abuse problems and failing grades.  That had to be frustrating as a parent knowing that their child needed special services but was denied.  The other factor that would concern me as a parent was the delay in the due process of this case.  The due process hearing was in April 2003 and the District Court did not issue its decision until May 2005.  The decision was issued almost a year after the student graduated from high school.  In defense of the parents, they had to take some action to ensure that their child received the special education services that he needed.

In regards to the Forest Grove School District, I feel like this case may have been avoided if they would have provided some provisions for this student in an IEP or 504 plan.  It was obvious that something was affecting the student’s ability to learn.  In defense of the Forest Grove School District the student’s diagnosis of attention deficit hyperactivity disorder and other disabilities was only made after the student enrolled in the private school.  In my opinion the parent’s decision to choose a residential school for their child that cost over $5000 a month was a bit extreme.  Unfortunately this parent’s victory in this case could cause other parents who feel their children should be receiving special education services to enroll their children in private school and ask for a tuition reimbursement.  The New York City School System filed a friend-of-court brief supporting Forest Grove stating that they paid $89 million in private school tuition for parents with disabled students who enrolled them in private schools.  The 1997 amendment to the IDEA prohibited private school tuition reimbursement for students who never received special education services in public school.  If this amendment is not upheld the public school system will not be able to withstand the cost of tuition reimbursement.

In conclusion, I think the student should have received some sort of special education services and the public school system is going to have to do a better job of providing some services even if minimal when it is evident that the student is clearly showing signs that something is affecting their ability to learn.  I also believe that the 1997 amendment to the IDEA should be upheld by higher courts.  If this does not happen then it will cause precedence when similar cases come to trial and the public school system will eventually not be able to financially sustain the reimbursement for private school tuition.



Research Citations:


Wright, P. and Wright, P. (2008-2010) Supreme Court Issues Pro-Child Decision in Forest Grove
     School District v. T.A. Wrightslaw:  Harbor House Law Press.

Lewin, T. (June 22, 2009).  Court Affirms Reimbursement for Special Education.
     The New York Times.