The Oregon student was found ineligible for special education services at the public school-- but later diagnosed with learning disabilities at a private school. The parents sued for the right to request reimbursement, and the Supreme Court agreed.
This ruling opens the door for more parents to request reimbursement for private school tuition. Here in Alabama, the burden of proof of poor services still remains on the parent while there are very few private school doors open to special education students.
Alabama parents have always had the right to request reimbursement for pulling their children with special needs out of their public school district and sending them to private school. But the parent must prove the district isn't providing adequate services.
ADAP Staff Attorney, Nancy Anderson said, "If the parent is able to prove that, then the school district is responsible for paying for a private school placement that the parent has found."
Now with the Supreme Court's ruling, parents of children who weren't eligible for special services can also request tuition reimbursement.
Anderson said, "It allowed parents whose children are in a similar situation that this young boy was in, to potentially get reimbursement."
Whether you're child is eligible or not, Birmingham City Schools Executive Director of Special Education Ruth Tucker believes a parent is a child's first advocate.
Special Ed Exec Director said, "And we strongly encourage them to when there's concern about a child’s school success to go ahead and take the referral and let’s look at see if there's some other way to help a parent to educate his child."
But this ruling may not be very helpful to Alabama parents.
Anderson said, "Alabama for better or worse does not have those private school options for kids with disabilities so for most parents the only place they can take their child with disabilities is to the public school system"
Anderson doesn't believe more private schools will open here in our state to teach children with disabilities in light of the Supreme Court's ruling.
Spring Valley School is one of those private schools that welcome’s children with learning disabilities. Its executive director told me this afternoon, she has seen many parents request reimbursement for tuition from its school districts but failed to receive any.
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