Florence County School District Four v. Carter Ex Rel. Carter

Background

A ninth-grade student with a learning disability was given an individualized education program (IEP) by her public school that her parents found inadequate. The parents withdrew her and placed her in Trident Academy, a private school for children with disabilities. After the parents paid tuition, they sued to recover those costs. The District Court found the public IEP inadequate and that the private school provided appropriate education despite not meeting all statutory public-education requirements; the Court of Appeals affirmed.

Reasoning

The Court addressed whether parents can get reimbursement when they unilaterally place a child in private school that does not meet the statute’s formal definition of a “free appropriate public education.” The Court held yes. It explained that the statute’s requirements for public expense, public supervision, and agency-designed IEPs make sense only for public placements and cannot be read to bar parental placements. The Court rejected a rule that would require state approval of the private school for parental reimbursement. It also emphasized that parents who act without officials’ consent assume financial risk and that courts must use equitable discretion when ordering reimbursement.

Real world impact

The decision means parents may recover private tuition when a court finds their local public school violated the law and the private program is otherwise proper. Courts retain broad discretion to limit reimbursement based on reasonableness and equitable factors. School districts can avoid repayment by providing an appropriate public education or placing the child in an appropriate private program of the State’s choosing.