Board of Educ. of the City of New York v. Tom F.
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
Individuals with Disabilities Education Act, Tuition Reimbursement, Special Education, Public Agencies
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"?