Burlington v. Massachusetts

In Burlington v. Massachusetts, 471 U.S. 359, 369, 105 S.Ct. 1996, 85 L.Ed.2d 385 (1985), the Supreme Court held that 20 U.S.C. section 1415(i)(2)(C)(iii)'s grant of authority includes "the power to order school authorities to reimburse parents for their expenditures on private special education services if the court ultimately determines that such placement, rather than a proposed Individualized Education Plan ("IEP"), is proper under the Act." 471 U.S. at 369, 105 S.Ct. 1996. The Court reasoned that "a final judicial decision on the merits of an IEP will in most instances come a year or more after the school term covered by that IEP has passed." Id. at 370, 105 S.Ct. 1996. Parents who disagree with a school's proposed IEP face the choice of continuing in public school with the deficient IEP or paying for more appropriate schooling. If the parents choose private school, "it would be an empty victory to have a court tell them several years later that they were right in their choice for private school but that these expenditures could not in a proper case be reimbursed by the school officials." Id. As such, the Court concluded that in mandating that participating States provide a FAPE for every student, Congress could not have intended to require parents either to accept an inadequate public-school education pending adjudication of their claim or bear the cost of a private education if the court ultimately determined that the private placement was proper under the Act. Id.