The Supreme Court has granted certiorari in a Second Circuit case, Board of Education v. Tom F., raising the issue of whether a child who was never provided with special education services by a public agency is entitled to reimbursement for a private placement. The Second Circuit said yes, but the First Circuit, in another case, has said no.

The language of the statute seems to indicate that the First Circuit is right, and I am not hopeful for the respondent (the child's father) in this case, but time will tell.

For more information on the case, click here.