Ridley Decision: A School District's Cost of Winning?

A recent decision from the U.S. Court of Appeals for the Third Circuit clarifies the “stay-put” provision of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1415(j), and in doing so, also places an obligation on school districts to reimburse parents for private school education tuition during the dispute period. In M.R. v. Ridley School District, 2014 U.S. App. LEXIS 3083 (3d Cir. Pa. Feb. 20, 2014), the Third Circuit panel was required to delve into the IDEA and Section 504 of the Rehabilitation Act, as well as the specific history of the underlying actions, to answer two questions of first impression: (1) whether parents can request reimbursement for private school tuition even if they do not request reimbursement until after the district court determined that the school district did not violate the IDEA; and (2) whether parents who appeal an adverse decision are entitled to tuition reimbursement throughout the course of the appeal.

The Ridley matter has a long and involved procedural history that is essential for the complete understanding of the significance of the holding. E.R. was a student in the Ridley School District for kindergarten and first grade, where she received special education services. Prior to beginning second grade, E.R.’s parents, M.R. and J.R., voluntarily enrolled her at a private school called Benchmark. After enrolling at Benchmark, E.R.’s parents filed a due process complaint against Ridley School District in which they asserted that E.R. was not provided with a free and appropriate public education (FAPE) as required by the IDEA and the Rehabilitation Act during her tenure at Ridley School District. As part of requested relief, the parents requested reimbursement for the tuition at Benchmark. After an administrative hearing, a hearing officer found that Ridley School District did not violate the IDEA during E.R.’s kindergarten school year but also found that E.R. was denied FAPE during first grade and ordered Ridley School District to reimburse the parents for the tuition and transportation costs for E.R.’s second grade school year at Benchmark. Two years later, the hearing officer’s decision was reversed in part by the district court, which found that Ridley School District appropriately programmed for E.R. throughout her time at the public school. The parents appealed the decision and after another year and a half passed, the Third Circuit affirmed the district court decision.