Summary
T.A., a student in the Forest Grove School District, suffered from Attention Deficit Hyperactivity Disorder (ADHD), severe depression, substance abuse, and failing grades. However, when he went before a review, it was found that he did not qualify for special education services or protection under Section 504 (Wright, Wright, 2009). Led by frustration, his parents opted to remove him from his public school, and enroll him in a private boarding school during his junior year in high school.
The Individuals with Disabilities Education Act (IDEA 97), "authorizes tuition reimbursement for the cost of the private school when a school district fails to provide the student with a free and appropriate education (FAPE)" (Wright, Wright, 2009). With this, the parents sought a due process hearing in 2003. Two years later, the District Court ruled that T.A.'s parents should receive tuition reimbursement from the school district. The school district then appealed the decision with the Federal courts, and in that case, the judge set aside the reimbursement. His interpretation of IDEA 07 was that in order for a family to receive tuition reimbursement, the student must first be served by special education services. This case ultimately fell into the hands of the United States Supreme Court. In 2009, the United States Supreme Court decided that an Oregon family could sue their local school district for tuition reimbursement. With this decision, the case was remanded back the the US District Court.
Citation
Wright, P., Wright, P.(June 22, 2009). Supreme Court Issues Pro-Child Decision in
In my opinion, the decision first made during the Due Process hearing in April 2003 was favorable. T.A. did not receive a FAPE. In the NPR podcast, it was stated that had the district provided T.A. with minimal services, all of this could have been avoided. Many times in my profession, I have referred students for testing, and the results have deemed the student ineligible for services, even though their classroom performance shows otherwise. This is an on-going debate in schools across our district. Shouldn't all students be provided with an opportunity to receive the best chance for educational success?
I agree that TA didn't receive a FAPE. I think that the parents had to exhaust all of their options before deciding to put the child into a private school. I totally agree that the students deserve the best education possible and that we need to ensure that we are doing that as a school. Great job, I enjoyed reading.
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