The Disability Law Blog has a nice roundup of the Tom F. case and today’s oral arguments in Winkelman. The report on the Winkelman case that I think is important is the forcefulness that the U.S. Solicitor General, the Supreme Court advocate for the U.S. Government, argued in favor of the parents’ position. For a pdf of the oral arguments click here. [This link provided courtesy of my collegue and fellow blogger Sandy Hausler].
The report on the Tom F. case explains the issue in terms of whether parents should be burdened with the additional obligation of seeking reimbursement for private tuition or home-based ABA services only after first enrolling in the school’s program. I have successfully made the argument that enrollment is not a necessary prerequisite for reimbursement but on the other hand as a matter of fact it is hard to argue against a program that the child has never experienced.
I will be blogging on the decision in Winkelman which it is expected this Spring before the Court recesses for the Summer and on the briefing unfolds in Tom F.