With a new school year upon us, the long-simmering issue of how best to accommodate special education students has been pushed to the forefront by a major U.S. Supreme Court ruling.
Parents of students with special needs have the right to seek reimbursement from their districts for private school tuition, even if they did not first try their public school's special education programs, according to the recent ruling.
"This is an extremely important decision," said Matthew Cohen, a Chicago attorney who specializes in disability law. "It makes it clear that school districts ... may be held legally liable for placements that the parents make on their own."
The practical effect on districts is unclear. Some educators fear the ruling will strain already cash-strapped districts and pit parents against one another as they clash over scarce resources. But it's unlikely parents will flock to private schools because they have to pay the cost, then seek reimbursement.
Still, schools should take seriously their obligations to provide services provided under the federal Individuals With Disabilities Education Act (IDEA), state officials say. Students are entitled to a "free and appropriate public education" under the law, and districts must pick up the tab for private schooling but only if the district's efforts to meet a child's needs have failed.
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