School District Must Pay Private School Tuition for Disabled Student Never Served By Public Schools

10/12/07

In an evenly split decision (Justice Kennedy did not take part), the Supreme Court upheld an appellate court ruling that the New York Public School District must pay the private school tuition of a disabled student even though his parents had never enrolled him in the public school.  The case involves Tom Freston, the former CEO of Viacom, and his son, a learning disabled student enrolled in private schools for the entirety of his academic career.  Claiming that the public school placements offered by the District could not meet his son's needs, Mr. Freston filed a due process claim against the New York Public Schools, requesting reimbursement for his son's private school tuition.

 

The United States District Court for the Southern District of New York denied Mr. Freston's claim, and held that the Individuals with Disabilities Education Act (IDEA) prohibited public school reimbursements for privately placed children where a child has not previously received special education from a public school. The United States Court of Appeals for the Second Circuit reversed this decision, and held that prior receipt of special education from the public school was not a prerequisite for reimbursement. The School District appealed to the Supreme Court, which issued a 4-4 decision without an opinion. Although the split decision affirms the Second Circuit's ruling, Illinois courts will not be bound by the decision. This question has not yet been addressed by our jurisdiction.