The Supreme Court today, divided 4-4, affirmed the lower court’s ruling in Board of Education v. Tom F. in a blank per curiam opinion. Justice Kennedy had recused himself from this case.

Tom F. centers around the applicabilty of the Individuals with Disabilities Act to students who have not previously recieved education from a public agency.

Does the holding of the United States Court of Appeals for the Second Circuit, stating that the Individuals with Disabilities Education Act permits tuition reimbursement where a child has not previously received special education from a public agency, stand in direct contradiction to the plain language of 20 U.S.C. § 1412(a)(10)(C)(ii) which authorizes tuition reimbursement to the parents of a disabled child “who previously received special education and related services under the authority of a public agency”?


0 Responses to “Supreme Court Issues First Ruling Of The Year”

  1. No Comments

Leave a Reply





Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Categories

Random Posts

  • A Deeper Look at Reversal Rates: An article in today's Cincinati Enquirer highlights the Sixth Circuit's current 15-case losing streak in the Supreme Court. Circuits regular...
  • Change is Fun But...: I'm sad to see Justice Stevens leave the Court for a variety of reasons that have been well documented by people smarter than me. I'm also e...
  • Several Supreme Court Litigators Make the NLJ "Minority 40 Under 40": The NLJ recently released their "Minority 40 Under 40" list of the top 40 minority lawyers under the age of 40. Its a fairly arbitrary marke...
  • Average Age (1800-2010): I've posted a PDF of the Court's average age at the beginning of every term from 1800-present. The ages were taken on the first Monday in Oc...
  • Early OT09 Stats: I've finally finished the first edition of my OT09 statistics. First, the links: Term Index and Term Opinion Breakdown. Honestly, the nam...