Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

Board of Ed. of City School Dist. of New York v. Tom F.

Docket No.: 06-637
Certiorari Granted: Feb 26 2007
Argued: October 1, 2007
Decided: October 10, 2007

PartyNames: Board of Education of the City School District of the City of New York v. Tom F., on Behalf of Gilbert F., a Minor Child
Petitioner: Board of Education of the City School District of the City of New York
Respondent: Tom F., on Behalf of Gilbert F., a Minor Child

Court Below: United States Court of Appeals for the Second Circuit

Board of Education of the City School District of the City of New York
v.
Tom F., on Behalf of Gilbert F., a Minor Child
552 U.S. 1 (2007)
Question Presented:

Does the holding of the United States Court of Appeals for the Second Circuit, stating that the Individuals with Disabilities Education Act permits tuition reimbursement where a child has not previously received special education from a public agency, stand in direct contradiction to the plain language of 20 U.S.C. ยง 1412(a)(10)(C)(ii) which authorizes tuition reimbursement to the parents of a disabled child "who previously received special education and related services under the authority of a public agency"?

Question:

Does the Individuals with Disabilities Act provide for public tuition reimbursement for private school when a child has not previously received special education from a public school?

Note:

THE JUDGMENT IS AFFIRMED BY AN EQUALLY DIVIDED COURT. JUSTICE KENNEDY TOOK NO PART IN THE DECISION OF THIS CASE.

Holding: affirmed appellate court's dec
Vote: 8-0
Recused: Kennedy
Opinion By: Per Curiam
Read BOARD OF ED. OF CITY SCHOOL DIST. OF NEW YORK V. TOM F. opinion (PDF)
Database Connection failed: SQLSTATE[HY000] [1045] Access denied for user 'restauz8_sophi'@'localhost' (using password: YES)