Taking Off the Gloves

Current Law
Forest Grove School District vs T.A. Analysis

1993 2009

Florence County Sch. Dist. 4
v. Shannon Carter, 510 U.S. 7

Forest Grove Sch. Dist. v. T.A.
QUESTION
Can tuition reimbursement be awarded for unilateral placement to a nonapproved private school? Are parents entitled to tuitionreimbursement for unilateral placement without first tryingthe public school option?
U.S. SUPREME COURT VOTE
9-0 6-3
ISSUES
  1. School’s IEP was not appropriate.

  2. Controlling state costs for non-approved placements was important.

  3. Unilateral placement was appropriate.

  4. Only public schools are required to place in approved private schools.

  5. Congress meant to include retroactivere imburesement to parents as an available remedy.
  1. There was no IEP because of refusal to classify student.

  2. Judges Souter, Scalia and Thomas dissented based on costs

  3. Refusal to evaluate violated Child Find.

  4. Leaving parents without relief, immunizing school’s actions,and delay in completing litigation bordered on the irrational.

  5. Private school placement is appropriate regardless of whether child received services through public school.