Note that as a majority of justices failed to adopt an opinion in favor of either the school district or the student, the decision of the lower appellate court, permitting tuition reimbursement, remained unaltered.

Because the New York City Department of Education did not have an "Individualized Education Program" for former Viacom executive Tom Freston's son Gilbert, Freston enrolled his son in the Stephen Gaynor School, a private school for special needs students.

As Oyez notes, the IDEA act "authorizes reimbursement for a child 'who previously received special education and related services under the authority of a public agency,' but it does not explicitly state that parents of children who have never received public education are not entitled to reimbursement."

The U.S. Court of Appeals for the Second Circuit vacated the decision of the district court on August 9, 2006, reasoning by comparing the disputed section of the act with other sections that IDEA was not intended to deny reimbursement for students never enrolled in public school.

Amicus curiae briefs were filed by: Does the holding of the United States Court of Appeals for the Second Circuit, stating that the Individuals with Disabilities Education Act permits tuition reimbursement where a child has not previously received special education from a public agency, stand in direct contradiction to the plain language of 20 U.S.C.