A recent Supreme Court decision ruled that parents who remove a special-needs child from public school can be reimbursed for private instruction if the public system failed to offer an appropriate program for their child.

The case involved an Oregon high school student who, after being found ineligible for special-education services by the district, was moved by his parents to a $5,200 per month residential school. He was later diagnosed with attention deficit hyperactivity disorder (ADHD) and other disabilities.

In the majority opinion for Forest Grove School Dist. v. T. A.[pdf], Justice John Paul Stevens wrote,”We conclude that the Individuals with Disabilities Education Act (IDEA) authorizes reimbursement for the cost of private special education services when a school district fails to provide a free and appropriate public education and the private school placement is appropriate, regardless of whether the child previously received special education or related services through the public school”

Prior to the ruling, disability rights advocates argued that, if the court ruled in favor of the district, schools would have an incentive not to identify a student as learning disabled. Having seen countless clients and friends forced to go outside the system for help when told by by school psychologists that their struggling children did not qualify for special education services, I can only hope this ruling encourages school personnel to actively collaborate with and support parents.

Despite the ruling, Ron Hager senior staff attorney at the National Disability Rights Network, recommends continued parental vigilance and cautions that:

• School districts have an obligation to locate and evaluate children to determine if they have a disability.
• If parents disagree with school evaluations, they have the right to an independent evaluation at the district’s expense.
• School districts tend to be overly narrow and restrictive in qualifying children for learning disabilities.
• Parents often assume the school is telling them the right thing and go away rather than persist.

A U.S. News and World Report article further clarifies Hager’s points for parent to keep in mind: Know Your Rights, Get Involved, Question the Evaluation, Be Wary of Narrow Criteria, and Don’t Wait to Take It to Court.