Supreme Court Affirms Reimbursement for SE

[1 Day At a Time]

I know that there is a thread in Special Education about this recent Supreme Court decision... but I wanted to make certain that everyone saw this wonderful, wonderful decision. I'm so excited for folks with difficult children younger than mine! It will be fascinating to see how this plays out in time...

See the link from the New York Times below:

http://www.nytimes.com/2009/06/23/education/23special.html?_r=1&em

 

[Wiped Out]

Very interesting-it will be something to watch how this plays out!

 

[Fran]

Now to get mental health to be on the same level of physical health by the insurance community and we will be set.

 

[mamabear01]

This is being posted by all the other groups and advocacy boards I belong too and I am so excited. It really helps for all the kids that are denied an IEP due to eligibility.

 

[WSM]

So if my therapist recommends residential placement, the school district has to pay for it? How do you make them do that?

 

[1 Day At a Time]

Hi WSM,

I'm certainly no expert in this area as I struggled for years with our local school system! But I think that the key is here:

"We conclude that IDEA authorizes reimbursement for the cost of private special education services when a school district fails to provide a FAPE and the private school placement is appropriate, regardless of whether the child previously received special education or related services through the public school,” Justice John Paul Stevens wrote in the majority opinion."

Your doctor's recommendation is one part of the equation, and the other part is the school district's failue to provide a FAPE. That means that you will need to first try to work with the district to make sure his educational needs are met within the system. I highly recommend working with your own educational consultant who really knows the ropes. You can find a listing of local consults on Wrightslaw.com , which is a wonderful special education web site.

Valerie