Board of Educ. of the City of New York v. Tom F.
No. 06-637
Title:
Board of Education of the City School District of the City of New York v. Tom F., on Behalf of Gilbert F., a Minor Child
Subject:
Individuals with Disabilities Education Act, Tuition Reimbursement, Special Education, Public Agencies
Question:
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"?