October 1, 2007

Transcript of Arguments in Supreme Court Hearing of Board of Education of City of New York v. Tom F

In a four-to-four tie decision, the United States Supreme Court upheld parents rights to challenge a school districts Individualized Education Plan (IEP) for a child with a disability with out first trying the proposed placement plan. The New York City Department of Education said that parents should not be able to challenge their child's IEP until the plan had been tried. The ruling means that parents who feel an IEP is inappropriate can challenge it immediately and request that the district fund an appropriate private school placement. The ruling will only affect students in Connecticut, New York, and Vermont. Because it was a split decision the decision does not set national precedent.

In addition, in a 2004 decision, the First Circuit Court reached the opposite conclusion in Greenland School District  v. Amy N., No. 03-1668, 358 F.3d 150 (1st Cir. Feb. 23, 2004). Because the decision in Board of Education of City of New York v. Tom F was a split decision, students in the First Circuit Court district: Maine, Massachusetts, New Hampshire, and Rhode Island, must still try public school IEP services before challenging the IEP and requesting tuition reimbursement for a private school.