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

  • Who is Roy W. McLeese?: This morning, as I was perusing next month's hearing list, I noticed a name I wasn't familiar with: Roy W. McLeese. It isn't unusual to see ...
  • Advocates who have argued twice during a single sitting (OT03-Present): In honor of Carter Phillips arguing twice during the December sitting of the Court, I've compiled a list of every instance of this phenomeno...
  • Final Term Index: Here is the final Term Index for October Term 2009. OT09_term_index_final
  • 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...
  • Traitors to the Cause: 6-3 decisions are, statistically speaking, the least common vote split. Frequently, those cases split along the ideological lines that are s...