Securing the Right to Reimbursement Under the Education for All Handicapped Children Act

Abstract

This term the Supreme Court can resolve a dispute dividing the circuits over the scope of "appropriate" monetary relief authorized under the Education for All Handicapped Children Act ("EHA" or "the Act") and in the process safeguard the statutory rights of handicapped children. The Court has granted certiorari in Town of Burlington v. Massachusetts Department of Education to decide whether parents are entitled to reimbursement of the costs of private schooling of their handicapped child where they believed that the offered public schooling was inadequate and the parents' decision is subsequently upheld in an administrative proceeding.