New Case Could Break Tie in Tuition Ruling
Justice Anthony M. Kennedy’s recusal left the U.S. Supreme Court split 4-4 yesterday in a decision interpreting federal law on tuition reimbursement for special-needs kids. The split had the effect of upholding a federal appeals court ruling requiring New York to pay private school costs for a child with attention deficit hyperactivity disorder even though he did not first attend public schools.
But a new case could give Kennedy a chance to decide the case with his swing vote, the New York Law Journal reports. A strong candidate is Frank G. v. Hyde Park, a case also decided by the New York City-based 2nd U.S. Circuit Court of Appeals at the same time as the case before the Supreme Court.
At issue in both cases is a federal law that requires cities to reimburse parents for private-school tuition if their child can’t receive an appropriate education in the public schools and has “previously received special education” by a public agency.
SCOTUSblog reports the Frank G. case has been on hold since the Supreme Court accepted the case decided yesterday, Board of Education v. Tom F. The court’s split ruling has no precedential effect.
Frank G. involves a boy suffering from learning disabilities after being born to a crack addict, the New York Times reports.
