The First Circuit Court of Appeals has ruled that public schools that offer suitable special education do not have to pay for students to attend a private school.

It’s a decision that could affect Maine parents who want to be reimbursed for private programs without giving their local school systems a chance to teach their kids.

“The risk for parents is to jump the gun,” said Jeanne Kincaid of Portland, the lead attorney for the New Hampshire school system that took the case to court.

In Greenland School District vs. Amy N., the First Circuit Court ruled that the small New Hampshire system did not have to reimburse parents who pulled their young daughter from a traditional public classroom and placed her in a private special education program without notice.

The school offered to create an individual education plan for the student and to educate her within the local school system, but the parents refused. They asked the school system to pay for the private program.

Such reimbursement is allowed under federal law.

But the court said the school system should have had the opportunity to educate the child. Since it didn’t, the court ruled the district didn’t have to pay for the girl to go somewhere else.

Although the case originated in New Hampshire, the First Circuit Court’s decision also is binding in Maine, Massachusetts, Rhode Island and Puerto Rico.

Maine law already says parents cannot be reimbursed for private programs if they don’t work with their public schools.

“Our rules are very consistent with the court’s decision,” said David Stockford, special education director for the Maine Department of Education.

In most school systems, including Lewiston and SAD 17 in Oxford, a team of teachers, specialists and the child’s parents decide where a special needs student will be best educated. If parents place their child in a private school against the team’s wishes, they will not be reimbursed for tuition.

“They kind of do that at their own peril, so to speak,” said Mel Curtis, special education director for Lewiston.

Maine education officials said the ruling likely will have little immediate impact on schools or parents.

But Kincaid said the ruling could benefit Maine schools in the future, saving them money on lengthy lawsuits brought by parents who want their special needs students in private school.

ltice@sunjournal.com

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