This week, the Obama Administration filed an Amicus Brief on behalf of T.A. and his parents in Forest Grove School District v. T.A. (Case No. 08-305).
The Administration argues that private school tuition reimbursement may be awarded to the parents of a child who has not previously received special education when the child was denied a free appropriate public education.
In support of this position, the Administration asserts that:
A. The plain text of IDEA provides for reimbursement of private-school tuition when a school district fails to provide a free appropriate public education
B. Petitioner’s interpretation produces perverse consequences
C. The legislative history does not support petitioner’s interpretation
D. The formal position of the agency charged with implementing IDEA is entitled to deference
E. The Spending Clause does not require a different result.
To read the Administration’s Amicus Brief in this case, go to
Oral argument before the Supreme Court in Forest Grove School District v. T. A. is scheduled for April 28, 2009. Pete plans to attend and will prepare an article about this important case. Stay tuned!