Are Parents Entitled Reimbursement of Private School Tution Fee Under Section 504's Free Appropriate Public Education Requirement ?
In Molly L. ex rel. B.L. v. Lower Merion School District, 194 F. Supp. 2d 422 (E.D. Pa. 2002), the parents of a disabled child brought an action against the District challenging the appropriateness of a proposed Section 504 Service Agreement for their child and seeking tuition reimbursement for her enrollment in private school. the court granted the District's motion for summary judgment, concluding that, because the District established that its Section 504 Service Agreement conferred the "meaningful benefit" embodied in Section 504's free appropriate public education requirement, the parents were not entitled to reimbursement of the private school tuition.
As previously stated, Parents Doe did not enroll Student Doe in private school because they were dissatisfied with the Section 504 Service Agreement proposed for Student Doe, and they do not seek tuition reimbursement on that basis.
The court in Molly L. granted summary judgment in the District's favor.