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”?


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

Categories

Random Posts

  • Measuring Justice Sotomayor's Liberal Bona Fides: Justice Sotomayor has completed two years on the Supreme Court and, as she begins her third, it seems like an appropriate time to take an in...
  • 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...
  • Rate of 5-4 Majority Opinion Authorship: As a general matter, the Justices that tend to carry the greatest ideological authority on the Supreme Court should be the ones authoring th...
  • Updated Advocate Scorecard (OT00-10): The Court's hearing list for this month completes the list of attorneys who will argue before the Supreme Court during October Term 2010. I'...
  • A Big Little Case: Next Wednesday, the Supreme Court will hear arguments in an interesting case about water law in Montana, PPL Montana v. Montana. The case wi...