Forest Grove Sch. Dist. v. T.A.

On January 16, 2009, the Supreme Court granted certiorari in Forest Grove Sch. Dist. v. T.A., which was litigated before the Ninth Circuit by COPAA member (and Amicus Committee member) Mary Broadhurst.    This case presents the question on which the Court granted certiorari, but was unable to resolve, in Board of Education v. Tom F. ex rel. Gilbert F., 128 S. Ct. 1(2007) (per curiam).
 
COPAA has filed an amicus brief in Forest Grove Sch. Dist. v. T.A., a pending Supreme Court case that involves the important legal question of how the courts should interpret the Individuals with Disabilities Education Act (IDEA), and whether a school district may avoid its obligations under the IDEA when it fails to identify a child as having a disability and as a result fails to provide the required free appropriate public education.  COPAA's brief focuses on the need for the Court to interpret the IDEA broadly.

In the specific case, the parents are seeking reimbursement for private school tuition they paid because the school district failed to identify the child as having a disability.  The Supreme Court will not be considering or deciding whether the particular private school in the case was appropriate, or was the least restrictive environment.  COPAA is committed to ensuring that students with disabilities are educated in the least restrictive environment and free from abuse and neglect.

COPAA Brief available here.