National Association of the Deaf

Submitted by Alexis.Kashar on Thu, 07/02/2009 - 02:45

In Forest Grove, the child had attention deficit hyperactivity disorder (ADHD), depression, and substance abuse problems. The parents wanted special education services for the child, but the school refused to provide the services. The parents placed the child in a private school. The parents sued the school district for reimbursement of the private school tuition. The Supreme Court in the Forest Grove case said the school district may have to pay for the tuition.

In this case, the Supreme Court ruled that school districts can be responsible for the cost of a private school or services if they fail to offer an appropriate education to a child with a disability. The Court has ruled similarly in previous cases. However, this time, the Court said a school district can be responsible for private education or services even if the child has never been in a public school special education program.

School districts across the Country are outraged.

They believe paying for private education programs will cost them millions in unnecessary funds. Districts fear that parents will take advantage of this case by avoiding public schools and enrolling their children in expensive private schools without concern for how much the districts will be paying. But the school districts’ concerns are not reasonable.

Currently, there are about 6.6 million special education students in the United States. Only 90,000 special education students are in private schools. This means only 1.4% of special education students are enrolled in private schools. Most of these students are placed in private schools by their school districts, not by parents. Therefore, it is reasonable to conclude that the financial cost to the public school districts will not be significantly greater or any greater than it is now.

More importantly, parents must prove several things before a public school district will pay for private school. Parents must show that the school district failed to provide an appropriate education. Parents must also show that the private education is appropriate for their child. Furthermore, parents are required to follow all the other steps required by the law, such as letting the school district know of their plans to enroll their child in a private school. Even then, the parents are not guaranteed reimbursement for the private school tuition.

For example, a child who is deaf or hard of hearing is entitled to a program that offers full communication access. When the school district refuses to offer a program that provides full communication access, the parents have the right to look elsewhere. The parents must prove that the program offered by the school district does not meet the child’s communication access needs. The parents must also prove that the education selected by the parents provides the communication access required by the child.

The Forest Grove case demands school districts follow the law. This means offering appropriate special education when a child requires it. If the school district fails to do this, parents have the right to look elsewhere and seek reimbursement for an appropriate education.