A decade ago, Tom Freston, then a top Viacom Inc. executive, began a legal battle to force New York City to pay for his son’s tuition at a Manhattan private school for children with learning disabilities.
Today, the U.S. Supreme Court is set to hear arguments to resolve the central question of the case: Must parents of special-education students give public schools a chance before having taxpayers reimburse them for private-school tuition? How the justices respond will have broad implications for school budgets and the movement toward “mainstreaming,” or educating disabled children in regular classrooms. Mr. Freston, pledging to donate any proceeds, has said the fight is about principle, not money.
Under a landmark 1975 special-education law, now known as the Individuals with Disabilities Education Act, school systems must provide a “free appropriate” public education to disabled students. Congress, alarmed that schools were warehousing kids with special needs in poorly equipped classrooms, said that, wherever possible, the children should be placed in the “least restrictive environment” — often the same classrooms as their nondisabled peers. In 2005, about 54% of special-education students spent 80% or more of the school day in a regular classroom, up from 33% in 1990.
Nonetheless, the act permits parents to seek public financing for private schools if they can establish that the public schools can’t meet their children’s needs. About 88,000 of the nation’s more than six million special-education students are educated in private schools or in private residential facilities at public expense.