WASHINGTON – The Supreme Court on Wednesday said it was evenly divided on an important case that would have told public school districts when they must pay for private tuition for special-education students.
The split means New York must pay private tuition for students for whom it cannot provide an appropriate education, even if the student has never attended public school. But because the justices were unable to reach a majority opinion, the decision creates no national precedent. Only eight justices heard Board of Education of the City of New York vs. Tom F. because Justice Anthony Kennedy recused himself.
The Individuals With Disabilities Education Act says schools must provide a free appropriate public education to students with special needs. If the school district itself cannot provide such support, a parent may apply for private school reimbursement.
In Colorado, the Thompson School District is in the midst of an appeal in the case of a severely autistic boy whose annual $130,000 tuition to a private Boston school is being paid for by the Loveland district.
A U.S district judge ruled in June that the district had to cover the costs, but the school board has decided to appeal, said Superintendent Dan Johnson.
Despite the Supreme Court’s split, Thompson school board member Marcia Venzke said the case does set a precedent that would especially hurt small districts: “For a little podunky district out on the plains it really can’t happen. It would devastate rural districts, and it’s hard enough on the Thompson School District.”
Denver Post staff writer Allison Sherry contributed to this report.
