Issues Facing the Special Needs Community: Private vs. Public Education

The Disabilities Leadership Council is continuing our series today highlighting important special-needs issues and education.

Issue: Special Needs Education
Today, the Supreme Court heard and voted on the case of Forest Grove School District vs. T.A. In this case, parents of a teenager with special needs from Oregon sought reimbursement from their local school district for the cost of sending their son to a private school. They argued that, since the local public school had inadequate resources to meet the needs of the student, the school district should cover the $5,200 a month it cost to send the student to a private school. In a 6-3 ruling, the Court upheld the right of the parents to seek tuition reimbursement from the public system. The majority opinion, written by Justice John Paul Stevens, said that under the federal Individuals with Disabilities Education Act, parents of students with disabilities have the right to seek education outside of the public system if it doesn’t provide adequate services, and that the parents also have a right to reimbursement for this private education.

This decision is having significant ramifications for special-needs education advocates. Susan Luger of New York’s Susan Luger Associates is one of the country’s most prominent advocates, who aids families in finding the right educational programs for their children who have special needs. Disabilities Leadership Council founder Stuart Flaum said, “Susan is one of the most intuitive and intelligent advocates for individuals with disabilities I have ever met. I have known Susan for a decade and I cannot think of a family for whom she has not found an effective solution.”

When asked about how this Supreme Court decision impacts her work, Susan said. “It impacts [my work] greatly because the parents of students who have special needs but who have not attended public schools will no longer have to worry about whether they can receive reimbursement. Parents will be able to place their children in the programs that they need, and won’t have to try a failed public system.” However, Susan did also say that the decision does not mean that parents who place their children in private programs will automatically receive reimbursement from the school district. She explained that parents can only receive reimbursement if an independent hearing officer determines that the public programs in place are inadequate to meet the needs of the student. She said, “If the Department of Education can prove that their program can meet the student’s needs, it doesn’t have to pay anything. In most cases, parents do prevail.” The Disabilities Leadership Council hopes that this decision does translate into more effective solutions for students with disabilities, and that it prompts reform in a public school system that Susan described as “totally failed.”

Note: Source material for this post came from the Associated Press’ coverage of the Supreme Court case. The full article is available at http://hosted.ap.org/dynamic/stories/U/US_SUPREME_COURT_SPECIAL_EDUCATION?SITE=AZPHG&SECTION=HOME&TEMPLATE=DEFAULT