School Committee of the Town of Burlington v. Department of Education

Background

A young boy in a Massachusetts public school showed serious learning problems. The town proposed a new public special-education classroom, but his parents disagreed and placed him in a private special school, paying tuition themselves. A state appeals panel later sided with the parents for the initial year, and a long series of administrative and court proceedings followed about who should pay.

Reasoning

The Court addressed whether federal law that lets judges grant “appropriate” relief includes ordering reimbursement of private-school costs. The Court said yes, because administrative and judicial review can take years and retroactive payment is needed so parents are not forced to leave a child in an unsuitable placement or pay forever out of pocket. The Court also held that breaking the rule that a child should “stay put” during appeals does not automatically bar reimbursement; rather, parents who change a placement without the school’s agreement do so at their own financial risk and may be denied reimbursement for periods before the State or agency approved the private placement.

Real world impact

Parents who pay for private special education can seek repayment if a court later finds the public plan was inadequate. However, reimbursement can be limited for times when parents acted contrary to the “stay-put” rule before official agreement. Courts will weigh fairness and equitable factors when deciding how much to award. School districts may be ordered to reimburse tuition and transportation costs the parents incurred.