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U.S. Supreme Court declines to hear Forest Grove School District case

Wendy Owen, The Oregonian By Wendy Owen, The Oregonian
on January 23, 2012 at 6:29 PM, updated January 23, 2012 at 6:50 PM
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A nine-year lawsuit involving special education and the Forest Grove School District is finally over.

The U.S. Supreme Court declined Monday to hear an appeal from the family of a student with special needs who sought reimbursement for private school tuition after his parents enrolled him without informing the district.

"We're thrilled," said attorney Nancy Hungerford, who represented the district. "The case is over completely."

The denial lets stand a federal court of appeals ruling in April that absolved the school district from paying the family's nearly $100,000 in tuition and $500,000 in legal bills.

In the Forest Grove case, the student never received special education services from the district, which said the boy, who is now in his 20s, did not need the services. As a result, the parents placed him in a $5,200-a-month residential program and sought reimbursement.

It was the second time the case, Forest Grove School District v. T.A., reached the U.S. Supreme Court.

In 2009, the court ruled 6-3 in favor T.A.'s parents, saying that parents who believe their children should have been identified as having special needs could seek reimbursement if they placed their child unilaterally in another program. But the justices said it doesn't guarantee reimbursement and sent it back to the Oregon District Court for further review.

The district court, weighing the facts in the case, said TA's parents enrolled the boy based on his drug abuse and behavior issues, not educational problems and favored the school district. T.A.'s parents appealed that decision.


Wendy Owen


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Their sense of entitlement sickens me....I see it everywhere. Parents do your job, the 'state' is not a limitless resource to prop you up. I pay for crap like thi$

$5,200 a month because your kid is a snot nosed drug user? That's really disgusting. I'm glad they're stuck with a half-million dollar legal bill and not us!

Good. These people need to stop wasting everyone's money. $5200 a month for YOUR kids means a lot less for everyone else's kids.