The U.S. Supreme Court will hear Forest Grove School District v. T.A. in Spring 2009. If the Court adopts the 9th Circuit reasoning, parents who have never availed their special education children to public schools will have a better chance of receiving tuition reimbursement for private school placement than parents who have given public schools an opportunity to provide special education services. This article examines the 9th and 2nd Circuit analyses of this issue, suggests that the Court should reject the 9th Circuit rational, and argues that Congress should clarify statutory language in this area.
Available at: http://works.bepress.com/shawn_swisher/1/