Eligible Student Denied Tuition Assistance For Past Expenses
by
Joseph C. Maya on Apr. 24, 2017
Other Education Government Lawsuit & Dispute Lawsuit
Summary: Blog post about a student who sued to have the department of social services provide her with tuition assistance.
If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100 .
In the case of Toise v. Rowe, a student appealed from her administrative appeal of a decision by the department of social services, arising out of the department’s denial of the student’s request for tuition assistance.
The student argued that she was entitled to tuition support. The intermediate court held that the student's program stated that her tuition would be funded through student loans and did not provide for the bureau to provide financial assistance for her tuition. The bureau could not provide financial assistance retroactively, as federal regulation provided that the state plan had to assure that written authorization was made, either before or at the same time as the purchase of services. Thus, the bureau correctly determined that it could not reimburse the student for the tuition payments she had made. The student was not entitled to compensatory payments, as such payments were proper only if the bureau's error resulted in services not being offered that should have been offered, and the bureau properly did not provide tuition assistance, as federal regulations prohibited retroactive payments. Finally, the trial court properly held that the bureau's decision did not violate the purpose and intent of the Rehabilitation Act of 1973. The student was not guaranteed optimum employment, and tuition support could not be provided under federal regulations.
The denial of the student’s request was affirmed. “[The student] was not guaranteed optimum employment, and the bureau was unable to provide tuition support due to the applicable federal regulations that prohibit retroactive payments” said the court. “Accordingly, the court correctly determined that the plaintiff was not entitled to tuition support from the bureau.”
If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Toise v. Rowe, 82 Conn. App. 306, 845 A.2d 437, 2004 Conn. App. LEXIS 148 (Conn. App. Ct. 2004)
