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On Monday, October 1, 2007, the U.S. Supreme Court will hear oral argument in New York City Board of Education v. Tom F., on Behalf of Gilbert F., a Minor Child.
The Court will decide whether all children with disabilities, including those who are enrolled in private programs, are entitled to a free appropriate public education (FAPE). The decision will have significant implications for parents, school districts, and children with disabilities who receive special education services.
History
The case came before the Supreme Court after the U.S. Court of Appeals for the Second Circuit vacated and remanded the decision by the District Court.
The Second Circuit held that the IDEA was not meant to deny reimbursement to students who have never been enrolled in public school. To rule otherwise would require parents to enroll their children in inappropriate public school programs before they could be eligible for tuition reimbursement.
In New York City Bd of Ed. v. Tom F., the Supreme Court will determine if a child will be forced to "try" an inappropriate placement before the parents can remove the child to an appropriate placement and seek reimbursement.
Significance
If the Supreme Court affirms the decision by the Second Circuit, parents will have the right to obtain reimbursement from the school district, even if their child was never enrolled in a public school special education program.
If the Supreme Court reverses the Second Circuit, parents will have two choices:
they can place their child in an appropriate private program and forfeit any chance to obtain reimbursement, or they can place their child into an inappropriate public school program so they can later remove the child from that program and seek reimbursement.
For a summary of the NYC v. Tom F., question presented, significance, and links to the briefs filed by the parties, read Supreme Court to Hear Oral Argument in New Tuition Reimbursement Case.
Amicus Briefs
The article also includes links to the amicus ("friend of the court) briefs filed by organizations on behalf of Tom F., Gilbert F, and the NYC Board of Education. Amicus briefs provide additional information on specific areas of law or other aspects of the case to assist the Court in the decision-making process.
Amicus briefs have been filed in support of Tom F. and Gilbert F. by the Solicitor General of the United States,the Council of Parent Attorneys and Advocates (COPAA) and New Jersey Special Education Practitioners, the National Disability Rights Network and the New York Lawyers for the Public Interest, the International Dyslexia Association, NAMI, Mental Health America, and The Bazelon Center, and Autism Speaks.
Amicus briefs have been filed in support of New York City Board of Education by the National School Board Association, Great City Schools, New York State School Boards Association, and the U.S. Conference of Mayors, et al.
We encourage you to read a sample of the amicus briefs. You'll find the different perspectives enlightening. After reading amicus briefs, you'll understand the the high stakes in NYC Bd of Ed v. Tom F. |