Supreme Court Split Decision in Board of Education of New York v. Tom F.

The U.S. Supreme Court recently ruled by split decision 4 to 4 (one Justice recused himself from the case) on a case already mentioned in our blog that was quite recently argued: Board of Education of New York v. Tom F. involved the normally disputed question of whether a family can obtain reimbursement for private school tuition from the local school district where the student had never even been enrolled in public school special ed services. Since the 8 Justices split thier decision, the decision in favor of the parents in awarding reimbursement will stand undisturbed as the law, at least in the 2nd Circuit. Who else thinks the case would likely have gone the other way had Chief Justice Roberts not recused himself?