With Justices Split, City Must Pay Disabled Student’s Tuition

WASHINGTON, Oct. 10 — The Supreme Court on Wednesday let stand a ruling that the New York City school system must pay private school tuition for disabled children, even if the parents refuse to try public school programs first. But the justices are likely to take up the issue again soon, with nationwide implications.

The justices split, 4 to 4, in the case of Tom Freston, the former chief executive for Viacom, and his son Gilbert, with Justice Anthony M. Kennedy taking no part. The tie meant that a 2006 ruling in Mr. Freston’s favor by the United States Court of Appeals for the Second Circuit, in Manhattan, stands for now. But it has no effect outside the circuit, which covers New York State, Connecticut and Vermont.

The case has been closely watched by educators. Almost seven million students nationwide receive special-education services, with 71,000 educated in private schools at public expense, according to the federal Education Department. Usually, districts agree to pay for those services after conceding that they cannot provide suitable ones.

New York City pays for private schools for more than 7,000 severely handicapped children because it agrees that it cannot properly instruct them. But, officials said, requests for tuition payments for special education students by parents who have placed their children in private school on their own have more than doubled in five years, to 3,675 in 2006 from 1,519 in 2002. And the cost of these payments grew to more than $57 million in the last school year.

“The trend has been increasing for several years,” said Michael Best, general counsel for the city’s Education Department.

Leonard Koerner, chief of the New York City Law Department’s appeals division, said: “We are very disappointed in the court’s ruling, because it does not require the parents to place their children initially in the public school system. This detracts from schools’ abilities to work with parents for the best possible educational outcomes for children with disabilities.”

But Mr. Koerner noted that the ruling did not set a precedent that would bind all schools in the country, and he expressed hope that the justices would soon consider the issues again. That seems likely. At least one other circuit court has come to a conclusion opposite from that of the Second Circuit....

Tthis from the New York Times.