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By Greg Stohr and William McQuillen Oct. 10 (Bloomberg) - The U.S. Supreme Court split 4-4 over whether school districts must finance private education for disabled children who haven't tried a public special education program first. After hearing arguments on Oct. 1, the justices said in a one-page statement today they were upholding a lower court ruling that a man was entitled to be reimbursed for his disabled son's private schooling in New York City. The action sets no nationwide precedent. The father, identified in court papers as Tom F., is former Viacom Inc. Chief Executive Officer Tom Freston, according to the Associated Press. "All the school districts in the country would like a more definitive result," said Leonard Koerner, a lawyer for the New York City school board, which argued against reimbursement. The legal question may be raised before the Supreme Court again in an effort to get a decision with nationwide effect, said Paul Gardephe, an attorney for the father. Until then, the ruling is limited to the 2nd Circuit, which covers New York, Connecticut and Vermont. "With no clear idea how they would vote, I'm pleased it came out the way it did," said Gardephe. Justice Anthony Kennedy didn't participate in the case, giving no reasons. The court, as is its practice in deadlocked cases, didn't say which of the other eight justices were on which side of the case. Disabilities Law The school board was appealing a lower court ruling that the man was entitled to reimbursement. The federal Individuals with Disabilities Education Act requires schools to provide disabled children with a ``free, appropriate public education.'' If the school can't, it must reimburse parents for private education. During arguments in Washington last week, several justices suggested that the law requires parents to give a district's program a chance before seeking payment for private school. The father enrolled his son, Gilbert, at the private Stephen Gaynor School in New York, which specializes in helping students with special needs. The nature of Gilbert's disability wasn't disclosed. For two years, the local public school district paid the cost until it created its own special education system with an individual program for the student. Dissatisfied with the program, the father kept Gilbert in the private school for the 1999-2000 school year and sought reimbursement for the $21,819 tuition. After a state hearing panel ruled that he was entitled to reimbursement, a federal judge sided with the school district. That ruling was overturned by the New York-based 2nd U.S. Circuit Court of Appeals, which reinstated the order that the district pay for the private education. The case is Board of Education of the City School District of the City of New York v. Tom F., 06-637. To contact the reporter on this story: Greg Stohr in Washington at gstohr@bloomberg.net ; William McQuillen in Washington at bmcquillen@bloomberg.net Last Updated: October 10, 2007 16:15 EDT
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