In Ore. case, Supreme Court says public must pay for private special education

MEDFORD, Ore. -- The Supreme Court has used an Oregon case to issue a big decision for parents of children with learning disabilities.

In a 6-3 decision Monday, the Supreme Court ruled that parents of special education students who opt for private school instead of trying the public system cannot be barred from seeking public reimbursement for their tuition costs.

That favored parents of a teenage boy from Forest Grove whose parents sought to force their local public school district to pay the $5,200 a month it cost to send their son to a private school.

The teen has attention deficit hyperactivity disorder. The district never found the student eligible for special education, which is normally the first step in designing an individual education program. His lawyer says the student has since graduated from high school and is pursuing a college degree.

Medford School District officials say the decision could dramatically affect school budgets. They say previous rulings have required a student to first attempt programs within the district before going elsewhere.

"This ruling is saying the parent doesn't even have to try the services that are available in the school, in a public school setting. That they can just go to a private setting outside, which is usually significantly more expensive," said Julie York, Medford Director of Student Services.

York says district budgets could take a hit.

"We don't get funding currently to provide services that, we might say, would be the best we could do with what funds we have. So if your now going to add that parents can just choose to go to a private setting before looking at what a public school offers. That will change the funding and resources that each district has significantly," York said.

Southern Oregon Education Services District representatives hope the ruling will not stop active communication between the district and parents.

"There are many, many varied groups of services that can be put together for children, and districts do this every day. And it really is unfortunate that a court is saying you don't even have to try to get along. Parents are going to go over here and get something, and school districts, your obligated to pay for it," ESD Director of Special Education Services Sandra Crews said.

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