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”?