Today, the United States Supreme Court affirmed the right of parents of children with disabilities to recover the costs of their children's education when the public school system fails to offer an appropriate educational program. In NYC Department of Education v. Tom F, the court evenly split, leaving undisturbed a lower court determination that Tom F. was entitled to reimbursement for his private school placement. Justice Kennedy took no part in the decision. The case raised the question whether, under the Individuals with Disabilities Education Act (IDEA), a parent can obtain reimbursement for tuition costs at a private school, when the parent unilaterally decides to place the child in private school, based on his/her conclusion that the public school offers no appropriate options.