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Supreme
Court Decides Special Education Law |
Updated:
10.10.07
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The Supreme Court affirmed a ruling that requires the New York
City Schools to pay for the private school special education for
a learning disabled child even if the child did not first attend
public schools.
Printer-friendly versions: PDF
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Because they decided in
a 4-4 ruling (Justice Anthony Kennedy did not participate in the
case) a lower court ruling, which sided with the parents of the
child in question, will remain in place.
At issue is the nation's cornerstone special education law, the
Individuals with Disabilities Education Act (IDEA). Originally
enacted in 1970, IDEA mandates public school systems to ensure
a Free Appropriate Public Education (FAPE) for special-needs children
in their district.
 In
some cases, that means that if a public school does not have an
adequate special education program for a student, the district
will pay for that student to attend a private school that does.
The case before the Court, School Board of New York City vs.
Tom F., asks whether taxpayers should pay to send a disabled child
to a private school if that child has not first tried a special
education program offered by a public school.
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Private vs.
public schooling |
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In 1995, when Tom Feston's
son Gilbert was ready to start kindergarten, the New York City Public
School system did not have a program suitable for Gilbert's learning
disabilities.
Feston instead enrolled Gilbert into the private Gaynor School
on Manhattan's Upper West Side.
Under IDEA, New York Public Schools reimbursed Feston for his
son's private education.
Two years later, the city's school system developed an Independent
Education Program (IEP) for Gilbert, which recommended that he
be placed in a public  school
with a student to teacher ratio of 15-to-1.
Feston rejected that plan, saying that Gilbert would be better
off if he remained at the private school, where that ratio was
less than 10-to-1.
Feston presented his complaint to an impartial hearing officer,
who agreed that the public school program was inadequate for Gilbert's
needs.
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The arguments |
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The School Board argues that now that there is a public program
available for Gilbert, it should not have to continue paying for
Gilbert's tuition in a private school.
The Board cited a 1997 Amendment to IDEA which stated that only
children "who previously received special education and related
services under the authority of a public agency" are eligible
for tuition reimbursement. The Board says this means that Gilbert
must first be enrolled in the public school program before transferring
to a private school.
 Tom
Feston argued that the mandatory "trial period" in the
public schools violated his son's right to "appropriate education"
of FAPE, because it forces Gilbert to attend a potentially inadequate
program just to satisfy a technical requirement for a transfer.
"Children with special education needs have a right, without
jumping through hoops, to attend schools capable of providing
them with an education that accommodates their individual needs
regardless of their family's financial means," Feston said
in a statement.
Feston argues that the language of the 1997 Amendment only requires
him to cooperate with the public schools, which he did by participating
in the development of Gilbert's IEP.
Feston cites the precedent of Town of Burlington vs. Massachusetts
Board of Education (1985) which mandated public funding of private
education in cases where the court deems public services inadequate.
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Money vs.
principle |
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For the New York City School
Board, this case is about money.
The national average per-pupil expenditure for private education
programs was $25,440 in 2006, nearly five times the per-pupil
cost of public programs. (Yet just over 1 percent of special education
students receive reimbursement for private education).
In New York City, where the number of tuition reimbursement requests
has jumped significantly in recent years, the School Board worries
parents are unilaterally enrolling in more expensive private schools
without giving the public schools a chance.
Feston, a former Viacom CEO who received more than $85 million
in severance pay last year, doesn't need the school system's money
to send Gilbert to Gaynor. Instead, he argues, he is suing to
ensure quality education for all special-needs children.
--
Compiled by Christina Satkowski for NewsHour Extra
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I think we've been witnessing violence for years, whether in reality through the media or through video games, and I don't think that's a first-hand effect.
