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In Board of Education of the City School District of the City of New York v. Tom F. on behalf of Gilbert F. the Supreme Court of the United States will determine if a special education student must first “try” the initial program offered by a public school district before a parent can place the child in a program the parent believes to be appropriate.  The decision has broad reaching implications for parents, school districts, and most importantly children who receive special education services.  

If the Supreme Court affirms the Second Circuit decision, parents have the right to seek reimbursement from the public school if they chose to remove their child before “trying” the public school’s offered program.  This, of course, does not ensure that parents will then receive reimbursement for their chosen school.  Parents will still be required to show that the district’s proposed program was inappropriate and that the school they chose is appropriate.  Should the Court reverse the Second Circuit decision, parents will have two choices: place their child in an appropriate program with no chance to obtain reimbursement or subject their child to the inappropriate program so they can later remove the child and seek reimbursement.  

The Supreme Court is scheduled to hear oral arguments in this case during the October 2007 term.  The parties have filed briefs in support of their positions for the Court’s consideration.  In addition, amici curiae, translated “friends of the court,” have filed briefs that provide additional information on specific areas of law or other aspects of the case to assist the Court in the decision making process.  

The International Dyslexia Association (“IDA”), in conjunction with The New York Branch of the International Dyslexia Association, NAMI (the National Alliance on Mental Illness), Mental Health America, and the Bazelon Center submitted an amici curiae brief supporting the position of the student: a child should not be forced to “try” an inappropriate placement before the parents can remove the child to an appropriate placement and seek reimbursement.

Supporting the amici curiae brief allows IDA to share its knowledge about reading disabilities with the Court.  The amici curiae brief details the legal argument in support of the student’s position and provides additional information regarding students with learning disabilities; namely reading disabilities. 

The brief explains to the Court the importance of early, effective intervention as well as the cost to the student and society if the child does not receive such early intervention.  The amici curiae brief is intended to educate the Court on the importance of intervention for students with disabilities and the intention of the Individuals with Disabilities Education Act to provide for said intervention.  

The Supreme Court is expected to issue a decision during the Fall 2007 term.  

Download a pdf of the entire decision.  Click here.