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...case, Forest Grove v. TA, centers on the question of whether families with a disabled child have a right to seek reimbursement for private-school tuition from the state if the child did not first receive special-education services in public school. The legal question is a narrow one, but the case raises larger, more troublesome issues about student safety and the quality of educational services that families should expect when they place their children in private residential care, because the school involved in the case, Mount Bachelor Academy, near Prineville, Ore., is under state investigation for allegations of abuse...
When the Supreme Court hears arguments in Forest Grove v. TA this month, it will not determine whether Mount Bachelor Academy - or any facility chosen by families - offers appropriate care. The parents of the student, TA (because he was a minor at the time the case was filed, the student is identified by his initials, and his parents have not made their names public), stand to gain only the right to seek reimbursement for the child's stay at Mount Bachelor under the Individuals with Disabilities Education Act (IDEA...
...Case of Forest Grove v. TA TA's case began in elementary school. He had trouble learning basic math, struggled to pay attention in class and could not finish his homework without his parents' help. In September 2000, he began attending Forest Grove High School. By December, he was failing or nearly failing most subjects. His parents had the school evaluate him for special education...
...Ninth Circuit heard Forest Grove in 2008 and found that TA's parents had the right to seek reimbursement; otherwise, the court said, school districts could essentially avoid paying for special education simply by refusing to classify students as disabled. Presiding over a separate but similar case, however, the First Circuit Court came to the reverse conclusion, saying the law requires the child to try public special education first. In such instances, when the lower courts disagree, the Supreme Court is often called upon to clarify...
Whatever the Supreme Court decides in Forest Grove v. TA, the case will put the spotlight on questions surrounding these troubled-teen programs. And while Oregon's investigations continue, yet more change may be forthcoming: a bill introduced by Congressman Miller to regulate private teen programs and ban "acts of physical or mental abuse designed to humiliate, degrade or undermine a child's self respect" passed the House of Representatives on Feb. 23. It is expected to be introduced in the Senate this year...