Cedar Rapids Community School Dist. v. Garret F., 526 U.S. 66, 2 (1999)

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Cite as: 526 U. S. 66 (1999)

Syllabus

Court of Appeals' decision. The "related services" definition broadly encompasses those supportive services that "may be required to assist a child with a disability to benefit from special education," § 1401(a)(17), and the District does not challenge the Court of Appeals' conclusion that the services at issue are "supportive services." Furthermore, § 1401(a)(17)'s general "related services" definition is illuminated by a parenthetical phrase listing examples of services that are included within the statute's coverage, including "medical services" if they are "for diagnostic and evaluation purposes." Although the IDEA itself does not define "medical services" more specifically, this Court in Tatro concluded that the Secretary of Education had reasonably determined that "medical services" referred to services that must be performed by a physician, and not to school health services. 468 U. S., at 892-894. The cost-based, multifactor test proposed by the District is supported by neither the statute's text nor the regulations upheld in Tatro. Moreover, the District offers no explanation why characteristics such as cost make one service any more "medical" than another. Absent an elaboration of the statutory terms plainly more convincing than that reviewed in Tatro, there is no reason to depart from settled law. Although the District may have legitimate concerns about the financial burden of providing the services Garret needs, accepting its cost-based standard as the sole test for determining § 1401(a)(17)'s scope would require the Court to engage in judicial lawmaking without any guidance from Congress. It would also create tension with the IDEA's purposes, since Congress intended to open the doors of public education to all qualified children and required participating States to educate disabled children with nondisabled children whenever possible, Board of Ed. of Hendrick Hudson Central School Dist., Westchester Cty. v. Rowley, 458 U. S. 176, 192, 202. Pp. 73-79.

106 F. 3d 822, affirmed.

Stevens, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Souter, Ginsburg, and Breyer, JJ., joined. Thomas, J., filed a dissenting opinion, in which Kennedy, J., joined, post, p. 79.

Sue Luettjohann Seitz argued the cause for petitioners. With her on the briefs was Edward M. Mansfield.

Douglas R. Oelschlaeger argued the cause for respondents. With him on the brief was Diane Kutzko.

Beth S. Brinkmann argued the cause for the United States as amicus curiae urging affirmance. With her on the

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