• U.S. District Court: School System Failed to Provide Disabled Student with a ‘Free Appropriate Public Education’ Required by IDEA; Ordered to Directly Pay Student’s Private School Tuition
  • March 10, 2011 | Author: Caroline J. Heller
  • Law Firm: Greenberg Traurig, LLP - New York Office
  • On February 1, 2011, the United States District Court for the Southern District of New York issued a decision on a question of first impression concerning whether Section 1415 of the Individuals with Disabilities Act (IDEA) authorizes courts to award direct tuition payment to a private school for the tuition of a child with disabilities when the parents have not paid the tuition, due to a lack of financial resources, yet are legally obligated to pay and when: (1) the child with disabilities has been denied a free appropriate public education by the school district; (2) the child’s parents unilaterally place the child in an appropriate private school; (3) the equities favor an award of the costs of the private school tuition.