The decision of the case

The decision of the case

Justice Stevens delivered the decision ". Consistent with our decisions in Burlington and Carter, we conclude that IDEA authorizes reimbursement For the cost of private special-education services when a school district fails to provide a FAPE and the private-school placement is appropriate, Regardless of whether the child previously received special education or related services through the public school”. The decision of the case was in

Favor of the child 6-3. The court decided that the parents that put the child in private school should be reimbursed whether or not if the child had received special assistance in the past. The case precedent that the courts used was form School Comm. of Burlington v. Department of Ed. of Mass. decided April 29,1985.The major issue that kept coming up was weather or not the 1997 amendment to the IDEA prohibits the reimbursement for private schooling for disabled children in certain cases. Because the public schooling system didn’t approve the parent before putting there child in private school makes this case not so open and close. The courts decision on this is also based upon what was best for the child. The child was obveisily not getting the care that he needed at the public school so his parent put him in a private school where he was getting the care that he needed.  

 

 

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=471&invol=359

http://www.oregonlive.com/news/index.ssf/2009/06/us_supreme_court_rules_against_1.html

http://www.law.cornell.edu/supct/html/08-305.ZS.html