An equally divided U.S. Supreme Court left standing on Oct. 10 an appeals court decision requiring New York City public schools to reimburse for private school tuition the parents of a child with disabilities who was never enrolled in public school. Justice Anthony Kennedy took no part in the decision, but the two-sentence court statement gave no explanation. The 4-4 decision leaves the lower court ruling in place and provides no precedent for future cases.

At issue in New York City Board of Education v. Tom F. (No. 06-637) was whether language in the Individuals With Disabilities Education Act that authorizes tuition reimbursement to the parents of a child with a disability "who previously received special education and related services under the authority of a public agency" excludes tuition reimbursement for children who never were enrolled in public school.

For more information about the case, see the November issue of the Section 504 Compliance Handbook newsletter.