At Supremes, old IDEA is new again
The U. S. Supreme Court really wants to decide whether the Individuals with Disabilities Education Act allows parents to seek private school tuition reimbursement from a school district for a child who never received special education services from that district.
Today the Court will hear oral arguments in Forest Grove School District v. T.A., which poses that very question. But as the lawyers make their arguments, the justices may get a feeling of déjà vu.
That’s because the issue is nearly identical to a case considered in 2007, New York City Board of Education v. Tom F. In that case the Court tied 4-4 (Justice Anthony M. Kennedy recused himself from the case), so the lower court ruling was affirmed without opinion. When the issue came up again in Forest Grove, the Supremes again granted cert.
Today the Court will also hear oral arguments in the case Cuomo v. Clearing House, which considers whether state authorities are precluded by federal law from investigating banks for lending discrimination. Before oral arguments get started today, the Court will likely release some opinions, so stay tuned for updates.
