Background
T.A was a student in the Forest Grove school district. In 2004 it was determined by the the Office of Administrative Hearings for the State of Oregon that T.A had learning disabilities and was able to receive special education. Once T.A had withdrew from the Forest Grove school district, a hearing officer order than he be reimbursed his tuition because the school failed to provide appropriate education.
Summary of the Majority Decision
In past cases reimbursement was provided for children who received adequate IEP (Individualized Education Programs). Things can not just change without the proper consensus. Also the IDEA amendment does not specify a different result for a child who has not received IEP.
Summary of the Dissenting Opinion
Reimbursement would not be necessary because the parents of T.A did not know he had disabilities while in the school district and did not request an individualized education program thus the rights to FAPE (Free Appropriate Public Education) were not in question.