Supreme Court of the United States
Forest Grove School District v. T. A.
June 22, 2009557 U.S. 230
Summary
Justice Stevens, joined by Chief Justice Roberts and Justices Kennedy, Ginsburg, Breyer, and Alito, held that IDEA permits reimbursement for appropriate private special-education services when a school district fails to provide a free appropriate public education, even if the child never previously received public special-education services. The 1997 amendments did not displace the remedial authority recognized in Burlington and Carter. Reimbursement remains discretionary and subject to equitable considerations, which the District Court must reassess under the Ninth Circuit's remand. Justice Souter dissented, joined by Justices Scalia and Thomas, arguing that the amendments restrict reimbursement to children who previously received public special-education services and that the majority's interpretation renders statutory language ineffective.
Holding
- Whether prior receipt of public special-education services is a prerequisite to private-school reimbursement under IDEA.. IDEA authorizes reimbursement when a school district fails to provide a free appropriate public education and the private placement is appropriate, regardless of whether the child previously received public special-education services.
- Whether reimbursement without prior public special-education services violates Spending Clause notice requirements.. The Spending Clause notice requirement is satisfied.
- Whether reimbursement follows automatically once denial of a free appropriate public education and an appropriate private placement are established.. Courts and hearing officers must consider all relevant equitable factors before deciding whether to reimburse some or all private-education costs.
Docket 08-305
Cited authorities
- 20 U.S.C. §§1412
- Rule 18.6
- 20 U.S.C. § 1414(d)
- CA11
- 20 U.S.C. §1400
- 84 Stat. 175
- 20 U.S.C. §1400
- 111 Stat. 37
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