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Supreme Court Sides With Parent

By Richard | October 10, 2007

Supreme Court Splits 4-4 On Special-Education Case

Wall Street Journal

WASHINGTON — The Supreme Court on Wednesday affirmed a ruling that requires New York City schools to reimburse a wealthy businessman for private special education for his son.

The justices split 4-4 on the case, which means a lower court ruling siding with former Viacom executive Tom Freston remains in place. Justice Anthony Kennedy didn’t participate in the case and the court’s two-sentence statement gave no explanation for Justice Kennedy’s absence.

Lower courts had sided with Mr. Freston against city schools, saying the city must pay for education for the learning-disabled student, even when his parents enrolled him in private school after deciding public schools were unable to meet the child’s needs.

The New York City’s board of education had asked the justices to take the case after a lower court said tuition reimbursement is available to the parents under the Individuals With Disabilities Act.  MORE

Topics: Education |

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