U.S. Supreme Court

Court Declines Tuition Case

Posted Oct 15, 2007 10:53 AM CDT
By Debra Cassens Weiss

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The U.S. Supreme Court has refused cert in a case that could have given the justices an opportunity to rule on the requirements for tuition reimbursement for disabled children.

At issue is whether school districts must pay private tuition for disabled children if they don’t first attend public schools.

The court turned denied the cert petition today in Hyde Park Board of Education v. Frank, SCOTUSblog reports.

The justices recently split 4-4 on the tuition reimbursement issue in New York City Board of Education v. Tom F.. The split left in place a federal appeals court ruling requiring New York to pay private school costs for a child with attention deficit hyperactivity disorder. Justice Anthony M. Kennedy had recused himself in the case.

Some had said the full court could address the issue if it accepted the Hyde Park case.

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