The Supreme Court ruled on June 22, 2009 that families of special needs children can ask for reimbursement from their school districts if they decide to enroll their child in a private institution.
This ruling makes it easier for parents to bring negligence cases against their school districts and argue that their child must be placed in a private school (with the cost covered by the school district), but does not gaurantee that they will win.
As one lawyer pointed out:
Keep in mind that the decision today does not guarantee the parents reimbursement for private school tuition. The parents have the burden of showing that there was a failure to provide a free appropriate public education, and they have the burden to show that their private placement was appropriate.
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