forest grove school district argued april decided june private specialist diagnosed respondent learning disabilities parents unilaterally removed petitioner public school district school district enrolled private academy requested administrative hearing eligibility services individuals disabilities education act idea et seq school district found respondent ineligible services declined offer individualized education program iep concluding school district failed provide respondent free appropriate public education required idea respondent placement appropriate hearing officer ordered school district reimburse parents tuition district set aside award holding idea amendments amendments categorically bar reimbursement unless child previously received special education related services school authority ii reversing ninth circuit concluded amendments diminish authority courts grant reimbursement appropriate relief pursuant iii see school comm burlington department ed held idea authorizes reimbursement private services public school fails provide fape placement appropriate regardless whether child previously received services public school pp held burlington florence county school dist four carter iii authorizes courts reimburse parents cost tuition school district fails provide child fape placement appropriate burlington carter involved deficiency proposed iep distinguish case fact children burlington carter previously received services decision cases depended act language purpose rather particular facts involved thus reasoning burlington carter applies unless amendments require different result pp amendments impose categorical bar reimbursement amendments made change central purpose idea text iii congress presumed aware adopt judicial interpretation statute reenacts law without change lorillard pons continue read iii authorize reimbursement absent clear indication congress intended repeal provision abrogate burlington carter school district argument ii limits reimbursement children previously received public services unpersuasive several reasons supported idea text amendments expressly prohibit reimbursement case school district offers evidence congress intended supersede burlington carter odds idea remedial purpose ensur ing children disabilities available fape emphasizes special education designed meet unique needs produce rule bordering irrational providing remedy school offers child inadequate services leaving parents remediless school unreasonably denies access services altogether pp school district argument conditions accepting idea funds must stated unambiguously clearly satisfied notice least since burlington idea authorizes courts order reimbursement school district claims respondent reading impose heavy financial burden public schools encourage parents enroll children private school without first trying cooperate authorities also unpersuasive light restrictions reimbursement awards identified burlington fact parents unilaterally change child placement financial risk see carter pp affirmed stevens delivered opinion roberts kennedy ginsburg breyer alito joined souter filed dissenting opinion scalia thomas joined forest grove school district petitioner writ certiorari appeals ninth circuit june justice stevens delivered opinion individuals disabilities education act idea act stat amended et requires receiving federal funding make free appropriate public education fape available children disabilities residing state previously held public school fails provide fape child parents place child appropriate private school without school district consent may require district reimburse parents cost private education see school comm burlington department ed question presented case whether idea amendments amendments stat categorically prohibit reimbursement costs child previously received special education related services authority public agency ii hold amendments impose categorical bar respondent attended public schools forest grove school district school district district time kindergarten winter junior year high school kindergarten eighth grade respondent teachers observed trouble paying attention class completing assignments respondent entered high school difficulties increased december respondent freshman year mother contacted school counselor discuss respondent problems schoolwork end school year respondent evaluated school psychologist interviewing examining school records administering cognitive ability tests psychologist concluded respondent need testing learning disabilities health impairments including attention deficit hyperactivity disorder adhd psychologist two school officials discussed evaluation results respondent mother june agreed respondent qualify services respondent parents seek review decision although hearing examiner later found school district evaluation legally inadequate failed address areas suspected disability including adhd extensive help family respondent completed sophomore year forest grove high school problems worsened junior year february respondent parents discussed school district possibility respondent completing high school partnership program local community college also sought private professional advice march respondent diagnosed adhd number disabilities related learning memory advised private specialist respondent best structured residential learning environment respondent parents enrolled private academy focuses educating children special needs four days enrolling private school respondent parents hired lawyer ascertain rights give school district written notice respondent private placement weeks later april respondent parents requested administrative due process hearing regarding respondent eligibility services june district engaged school psychologist assist determining whether respondent disability significantly interfered educational performance respondent parents cooperated district evaluation process july multidisciplinary team met discuss whether respondent satisfied idea disability criteria concluded adhd sufficiently significant adverse impact educational performance school district maintained respondent eligible services therefore declined provide individualized education program iep respondent parents left enrolled private academy senior year administrative review process resumed september considering parties evidence including testimony numerous experts hearing officer issued decision january finding respondent adhd adversely affected educational performance school district failed meet obligations idea identifying respondent student eligible services district offer respondent fape placement appropriate idea hearing officer ordered district reimburse respondent parents cost school district sought judicial review pursuant arguing hearing officer erred granting reimbursement district accepted hearing officer findings fact set aside reimbursement award finding amendments categorically bar reimbursement tuition students previously received special education related services authority public agency ii stat ii district held ven assuming tuition reimbursement may ordered extreme case student receiving special education services general principles equity need special education obvious school authorities facts case support equitable relief app pet cert appeals ninth circuit reversed remanded proceedings first noted prior amendments idea silent subject private school reimbursement courts granted reimbursement relief principles equity pursuant citing burlington held amendments impose categorical bar reimbursement parent unilaterally places private school child previously received services public school rather students eligible reimbursement extent amendments relief pursuant appeals also rejected district analysis equities resting two legal errors first found ii generally bars relief circumstances district wrongly stated relief appropriate equities sufficient statutory limitation district also erred asserting reimbursement limited cases emphasis deleted appeals therefore remanded instructions reexamine equities including failure respondent parents notify school district removing respondent public school dissent judge rymer stated view reimbursement available equitable remedy case respondent parents request iep removing public school respondent right fape therefore issue courts appeals considered question reached inconsistent granted certiorari determine whether establishes categorical bar tuition reimbursement students previously received services authority public education agency ii justice rehnquist opinion unanimous burlington provides pertinent background analysis question presented case respondent challenged appropriateness iep developed child officials child previously received services public school administrative review pending private specialists advised respondent child best specialized private educational setting respondent enrolled child private school without school district consent hearing officer concluded iep adequate meet child educational needs school district therefore failed provide child fape finding also placement appropriate idea hearing officer ordered school district reimburse respondent cost tuition granted certiorari burlington determine whether idea authorizes reimbursement cost private education parent guardian unilaterally enrolls child private school public school proposed inadequate iep thus failed provide fape act time made express reference possibility reimbursement authorized grant relief determines appropriate iii determining scope relief authorized noted ordinary meaning words confers broad discretion absent indication contrary relief appropriate must determined light act broad purpose providing children disabilities fape including publicly funded placements necessary accordingly held provision grant authority includes power order school authorities reimburse parents expenditures private services ultimately determines placement rather proposed iep proper act ibid decision rested part fact administrative judicial review parent complaint often takes years concluded mandated participating provide fape every student congress intended require parents either accept inadequate education pending adjudication claim bear cost private education ultimately determined private placement proper act eight years later unanimously reaffirmed availability reimbursement florence county school dist four carter holding reimbursement may appropriate even child placed private school approved state dispute giving rise present litigation differs burlington carter concerns adequacy proposed iep school district failure provide iep unlike respondent children cases previously received public services differences insignificant however analysis earlier cases depended language purpose act particular facts involved moreover child requires services school district failure propose iep kind least serious violation responsibilities idea failure provide adequate iep thus clear reasoning burlington carter applies equally case question whether amendments require different result iii congress enacted idea ensure children disabilities provided free appropriate public education emphasizes special education related services designed meet unique needs assure rights children parents guardians protected burlington quoting ed codified amended examining progress idea congress found substantial gains made area special education needed done guarantee children disabilities adequate access appropriate services see amendments intended place greater emphasis improving student performance ensuring children disabilities receive quality public education consistent goal amendments preserved act purpose providing fape children disabilities change text provision considered burlington iii gives courts broad authority grant appropriate relief including reimbursement cost private special education school district fails provide fape congress presumed aware administrative judicial interpretation statute adopt interpretation statute without change lorillard pons accordingly absent clear expression elsewhere amendments congress intent repeal portion provision abrogate decisions burlington carter continue read iii authorize relief respondent seeks school district dissent argue one provisions enacted amendments effects repeal section entitled payment education children enrolled private schools without consent referral public agency sets forth number principles applicable public reimbursement costs unilateral placements section idea require local educational agency pay cost education child disability private school facility agency made free appropriate public education available child parents nevertheless elected place private school section ii provides hearing officer may require public agency reimburse parents cost enrollment hearing officer finds agency made free appropriate public education available child previously received special education related services authority agency finally iii discusses circumstances cost reimbursement described clause ii may reduced denied parent fails give days notice removing child public school refuses make child available evaluation iv lists circumstances parent failure give notice may must looking primarily clauses ii school district argues congress intended provide exclusive source authority courts order reimbursement parents unilaterally enroll child private school according district clause provides safe harbor school districts provide fape foreclosing reimbursement circumstances clause ii sets forth circumstance reimbursement appropriate namely school district fails provide fape child previously received services public school district contends discusses reimbursement children previously received services public school idea authorizes reimbursement circumstance dissent agrees several reasons find argument unpersuasive first school district reading act supported text context amendments expressly prohibit reimbursement circumstances case district offers evidence congress intended supersede decisions burlington carter clause safe harbor explicitly bars reimbursement school district makes fape available correctly identifying child disability proposing iep adequate meet child needs clause says nothing availability reimbursement school district fails provide fape indeed statement reimbursement authorized school district provides fape read indicate reimbursement authorized school district fulfill obligation clause ii likewise support district position clause phrased permissively stating courts may require reimbursement circumstances foreclose reimbursement awards circumstances together clauses iii iv clause ii best read elaborating general rule courts may order reimbursement school district fails provide fape listing factors may affect reimbursement award common situation school district provided child services child parents believe services inadequate referring students previously received services public school clauses ii iv premised history cooperation together encourage school districts parents continue cooperate developing implementing appropriate iep resorting unilateral private clauses thus best read elucidative rather exhaustive cf atlantic research noting statutory language may perfor significant function simply clarifying provision meaning reading necessary avoid conclusion congress abrogated sub silentio decisions burlington carter cases construed iii authorize reimbursement school district fails provide fape child placement appropriate without regard child prior receipt take congress failure comment category cases child previously received services us conclude amendments substantially superseded decisions large part repealed iii see branch smith bsent clearly expressed congressional intention repeals implication favored internal quotation marks citation omitted accordingly adopt reading consistent school district reading also odds general remedial purpose underlying idea amendments express purpose act ensure children disabilities available free appropriate public education emphasizes special education related services designed meet unique needs factor took account construing scope iii see burlington without remedy respondent seeks child right free appropriate education less complete district position similarly conflicts idea child find requirement pursuant obligated identif locat evaluat children disabilities residing state ensure receive needed services see ii reading act left parents without adequate remedy school district unreasonably failed identify child disabilities comport congress acknowledgment paramount importance properly identifying child eligible services indeed immunizing school district refusal find child eligible services matter compelling child need school district interpretation produce rule bordering irrational particularly strange act provide remedy agree school district offers child inadequate services leave parents without relief egregious situation school district unreasonably denies child access services altogether idea affords parents substantial procedural safeguards including right challenge school district eligibility determination obtain prospective relief see post answer roundly rejected argument burlington observing review process ponderous therefore inadequate ensure school failure provide fape remedied speed necessary avoid detriment child education like burlington see case vividly demonstrates problem delay respondent parents first sought due process hearing april district issued decision may almost year respondent graduated high school dissent ignores shortcomings idea procedural safeguards iv school district advances two additional arguments reading act foreclose reimbursement case first district contends idea exercise congress authority spending clause art cl conditions attached state acceptance funds must stated unambiguously see pennhurst state school hospital halderman applying principle held arlington central school dist bd ed murphy idea provision authorize courts award fees prevailing parents idea actions act put notice possibility awards arlington readily distinguishable case accepting idea funding expressly agree provide fape children disabilities see order awarding reimbursement costs school district fails provide fape merely requires district belatedly pay expenses paid along burlington event notice least since decision burlington idea authorizes courts order reimbursement costs private services appropriate circumstances pennhurst notice requirement thus clearly satisfied finally district urges respondent reading act impose substantial financial burden public school districts encourage parents immediately enroll children private school without first endeavoring cooperate school district dissent echoes concern see post several reasons fears unfounded parents entitled reimbursement federal concludes public placement violated idea private school placement proper act carter even courts retain discretion reduce amount reimbursement award equities warrant instance parents failed give school district adequate notice intent enroll child private school considering equities courts generally presume officials properly performing obligations idea see schaffer weast stevens concurring result criteria fact parents change child placement pendency review proceedings without consent state local school officials financial risk carter quoting burlington incidence placement public expense quite small see brief national disability rights network et al amici curiae idea amendments modify text iii read alter provision meaning consistent decisions burlington carter conclude idea authorizes reimbursement cost private services school district fails provide fape placement appropriate regardless whether child previously received special education related services public school hearing officer concludes school district failed provide fape private placement suitable must consider relevant factors including notice provided parents school district opportunities evaluating child determining whether reimbursement cost child private education warranted appeals noted district properly consider equities case need undertake analysis remand accordingly judgment appeals affirmed ordered appendix title provides payment education children enrolled private schools without consent referral public agency general subject subparagraph subchapter require local educational agency pay cost education including special education related services child disability private school facility agency made free appropriate public education available child parents elected place child private school facility ii reimbursement private school placement parents child disability previously received special education related services authority public agency enroll child private elementary school secondary school without consent referral public agency hearing officer may require agency reimburse parents cost enrollment hearing officer finds agency made free appropriate public education available child timely manner prior enrollment iii limitation reimbursement cost reimbursement described clause ii may reduced denied aa recent iep meeting parents attended prior removal child public school parents inform iep team rejecting placement proposed public agency provide free appropriate public education child including stating concerns intent enroll child private school public expense bb business days including holidays occur business day prior removal child public school parents give written notice public agency information described item aa ii prior parents removal child public school public agency informed parents notice requirements described section title intent evaluate child including statement purpose evaluation appropriate reasonable parents make child available evaluation iii upon judicial finding unreasonableness respect actions taken parents forest grove school district petitioner writ certiorari appeals ninth circuit june justice souter justice scalia justice thomas join dissenting respectfully dissent school comm burlington department ed held education handicapped act stat known individuals disabilities education act idea et authorized district order reimbursement private school tuition expenses parents took disabled child public school school special education services meet child needs said want specific limitation remedy within general authorization courts award relief determin appropriate ed codified iii however congress amended idea number provisions explicitly addressing issue ayment education children enrolled private schools without consent referral public agency amendments generally prohibit reimbursement school district made free appropriate public education fape available effect exception except agreement student previously received special education services inadequate ii majority says otherwise holds ii places limit reimbursements private tuition find provision clear enough affect rule burlington believe congress meant limit public reimbursement unilaterally incurred private school tuition authority heightened standard congress alter prior judicial interpretation statute assessment congressional policy aims falls short trumping seems clear limitation imposed ii burlington parents child learning disability tried eight years work satisfactory individualized education plan iep son eventually gave sent boy private school disabled children took ensuing case decide whether education handicapped act authorized courts order reimbursement private special education ultimately determines placement rather proposed iep proper act noting various sections emphasiz participation parents developing child public educational program inferred act authorized reimbursement providing district shall relief determines appropriate quoting iii alteration original emphasized act speak specifically issue reimbursement held bsent reference reimbursement private tuition expenses remedy light purposes act short read general provision ordering equitable remedies iii authorizing reimbursement order large part congress spoken specifically issue congress speak explicitly amended idea first said whenever state local educational agency refers student private special education bill public expense see included several clauses addressing ayment education children enrolled private schools without consent referral public agency first contrasts provision covering agency referral general subchapter require local educational agency pay cost education child disability private school facility agency made free appropriate public education available child parents elected place child private school facility second clause covers case school authority failed make fape available schools however provide simply authority must pay case matter instead provides ii reimbursement private school placement parents child disability previously received special education related services authority public agency enroll child private elementary school secondary school without consent referral public agency hearing officer may require agency reimburse parents cost enrollment hearing officer finds agency made free appropriate public education available child timely manner prior enrollment two additional clauses spell detail various facts upon reimbursement described clause ii may reduced denied see iii iv purely semantic matter provisions ambiguous silence case previous special education services fape available majority suggests ante clause theoretically understood imply reimbursement may ordered whenever school district fails provide fape clause ii read merely taking care mention one variety circumstances reimbursement permitted overstretching permissive language covers special case natural sense taken prohibit fails authorize mother tells boy may go play homework done knows means anyone reads authorization reimbursement order case child disability previously received special education related services authority public agency ii mother mean homework done mention congress mean restrict reimbursement authority reference previous receipt services even raise subject ne basic interpretive canons statute construed effect given provisions part inoperative superfluous void insignificant corley slip internal quotation marks omitted reading clause ii nothing describe particular subset cases subject remedial authority already given courts iii recognized burlington may order reimbursement child previously received special education related services may child plausible notion congress added new provision idea entitled reimbursement private school placement effect whatsoever reimbursement private school placement read clause written assumption school authorities expected honor obligations stating general rule unilateral placement reimbursed see general read clause ii imposing receipt prior services limit exceptions general rule school officials fall short providing fape see ii reimbursement private school placement reading claim virtue avoiding anomaly section iii limits otherwise available reimbursement expressly directed cost reimbursement described clause ii makes perfect sense reading since clause ii exclusive source authority order reimbursement natural refer clause setting conditions reducing even denying reimbursement otherwise authorized yet government concede brief respondent brief amicus curiae majority reading congress called reducing reimbursement deserving parents described clause ii consult school district give public special education services try demanding payment private education provided mechanism reduce reimbursement least deserving parents given public placement chance responds point doubling according majority criteria listed clause iii justify reduction reimbursement described clause ii iii also reimbursement order authorized elsewhere well ante majority avoids ascribing perverse motives congress concluding clause ii clause iii congress meant add nothing statutory scheme simply leads back question congress concerned cases children previously received special education services majority reading prior receipt services relevance whatsoever subject provision interpretation render clause ii pointless clause iii either pointless perverse ii must read allow reimbursement parents child disability previously received special education related services authority public agency ii neither majority clear statement rule policy considerations prevail better view amendments majority says previous interpretation act authorizing reimbursement unilateral private placement congress obliged speak added clarity alter statute understood ante majority refers two distinct principles support first statutes read presumption implied repeals ante citing branch smith plurality opinion second congressional reenactment statutory text without change deemed ratify prior judicial interpretation ante citing lorillard pons think neither principle task section way repealed provision considered relief appropriate iii depends substantive provisions idea surely provision authorized equitable relief consistent provisions statute applied iii burlington expressly referred provisions concluded absence specific rule appropriate relief included reimbursement sought introducing new restrictions reimbursement amendments produce different conclusion relief appropriate iii remains effect remain effect congress explicitly amended idea prohibit reimbursement absent prior receipt services rule reenactment incorporates prior interpretation reliance preserve burlington reading iii faces two hurdles first far tell maxim never used impose clear statement rule congress suggest otherwise reenacted statutory language retains old meaning new enactment includes language undermining prior reading presumption favoring old course open simply read revised statute whole reason distinguish amendments occur single clause congress placed changes iii take form separate section congress added caveat within iii immediately neighboring provision assume majority approach skepticism ground purported modify prior judicial interpretation second nothing reading ii inconsistent holdings burlington prior decision subject florence county school dist four carter opinion burlington expressly premised reference govern reimbursement private tuition invited congress provide one congress provision reference say least reason skepticism congress wished alter law reimbursement legislation read way however alter result either burlington carter case school district agreed child disabled parents cooperated district tried iep question whether parents later resorted private school reimbursed ultimately determines placement rather proposed iep proper act carter supra quoting burlington supra ordering reimbursement burlington carter emphasized parents took part devising iep expressed concern parents sought iep placing child private school received one inadequate result case reading amended act sets parents parents child disability previously received special education related services authority public agency ii therefore much suggest reading ii abrogat sub silentio decisions burlington carter ante majority argues policy concerns vindicated burlington carter justify reading cases authorize reimbursement authority going beyond facts ante hold reimbursement possible even parents like unilaterally resort private school without first establishing administrative appellate level child disabled engaging collaborative process school officials broadly one read burlington carter beside point congress explicitly addressed subject statutory language precludes result today also rejects natural sense interpretation odds general remedial purpose underlying idea amendments ante majority thinks reading place school authorities total control parents eligibility reimbursement refuse request special education services public school prior service condition eligibility clause ii never satisfied thus majority puts borde irrational immuniz school district refusal find child eligible services matter compelling child need ibid agree scheme pretty absurd absurdity majority suggestion overlooks terms idea process substantial procedures protecting child substantive rights idea significant costs rule start costs special education immensely expensive amounting tens billions dollars annually much public schools general operating budgets see brief council great city schools amicus curiae private placement higher special education bill fact lends urgency idea mandate collaborative process iep developed jointly school official qualified special education child teacher parents guardian appropriate child burlington supra act repeated emphasis need cooperative joint action school parent however leave school control officials wish block effective expensive action child benefit collaborative approach breaks idea provides quick review due process hearing parents claim services needed provide fape school willing give see district must respond due process hearing complaint within days hearing officer must assess facial validity complaint within days mediation available provided delay due process hearing district must convene meeting parents within days attempt resolve complaint cfr complaint resolved hearing must held within days complaint decision must issued within days complaint parents remain dissatisfied first two levels process may right appeal state educational agency case may bring action federal district see scheme administrative judicial review answer claim reading prior services condition restrictive illustrative immunizes school district intransigence giving effective veto reimbursement private said course fair point prior services condition qualifies remedial objective statute pursuing appeals get satisfactory iep special services worth accepting discouraging child needs help stop needing stop growing schools parents argue back forth decide case premise arguments carried good faith even assumption disagreements adequacy ieps impose burdens act intended beneficiaries still persuasive reason congress written statute mandate interpretation requires given burden private school placement makes good sense require parents try devise satisfactory alternative within public schools taking part collaborative process developing iep modus operandi idea burlington time educational opportunity lost consequence shows realized policy ever pursued ultimate limit idea obviously seek promote goals expense considerations including fiscal considerations arlington central school dist bd ed murphy footnotes iep education plan tailored child unique needs designed school district consultation child parents child identified eligible services see although respondent parents initially sought reimbursement respondent reached age majority parents rights idea transferred pursuant admin rule compare frank board ed hyde park holding ii bar reimbursement students previously received public services school bd per curiam greenland school dist amy finding reimbursement barred circumstances previously granted certiorari address question board ed city school dist new york tom affirmed without opinion judgment appeals second circuit equally divided vote time decided burlington provision codified amendments renumbered provision alter text ease reference refer provision current section number iii legislation enacted education handicapped act title vi pub stat renamed individuals disabilities education act see pub stat full text set forth appendix infra dissent asserts reading act congress called reducing reimbursement deserving provided mechanism reduce reimbursement least deserving post opinion souter addition making unsubstantiated generalizations desert parents whose children denied public services dissent grossly mischaracterizes view fact clause iii permits reduce reimbursement award parent whose child previously received services fails give school adequate notice intended private placement mean prohibits courts similarly reducing amount reimbursement parent whose child previously received services fails give notice like clause ii clause iii provides guidance regarding appropriateness relief common factual scenario instructions understood preclude courts hearing officers considering similar factors scenarios arguing exclusive source authority granting reimbursement awards parents unilaterally place child private school dissent neglects explain provision failure limit type placements parents may reimbursed school comm burlington department ed mass held courts may grant reimbursement iii school district fails provide fape placement appropriate see see florence county school dist four carter latter requirement essential ensuring reimbursement awards granted relief furthers purposes act see burlington codify requirement indicates congress intend provision supplant iii sole authority reimbursement awards rather meant augment latter provision decisions construing discussed although children burlington carter previously received services public school decisions way depended prior receipt services holdings rested instead breadth authority conferred iii interest providing relief consistent act purpose injustice contrary reading produce see burlington see also carter considerations altered amendments reason reject district argument ii authorizes hearing officer award reimbursement tuition whereas iii provides general grant remedial authority latter section read authorize hearing officers award reimbursement argument ignores decision burlington interpreted iii authorize hearing officers well courts award reimbursement notwithstanding provision silence regard hearing officers congress amended idea without altering text iii implicitly adopted construction statute see lorillard pons looking amendments legislative history support school district cites two house senate reports essentially restate text ii pp floor statement representative mike castle cong rec stating bill makes harder parents unilaterally place child elite private schools public taxpayer expense lowering costs local school districts ambiguous references undermine meaning discern statute language context notably agency charged implementing idea adopted respondent reading statute commentary regulations implementing amendments department education stated hearing officers courts retain authority recognized burlington award relief public agency failed provide fape including reimbursement instances child yet received special education related services fed reg see fed reg footnotes likewise one unsure whether rule within days case placed docket appellee may file motion dismiss allows motion dismiss days see also carlisle listing numerous examples permissive statements federal rule criminal procedure statement subpoena may served person less years age plainly carry restrictive meaning majority says clause ii best read elaborating general rule courts may order reimbursement school district fails provide fape listing factors may affect reimbursement award common situation school district provided child services child parents believe services inadequate ante another way reading provision books majority reading clause ii may award reimbursement previous receipt special education services failure provide fape description common subset category already described may called elaboration still effect statutory scheme presumption implied repeals justify reading later provision useless even applied since two provisions irreconcilable presumption implied repeals gives way later enactment see branch smith plurality opinion one example suggest grant reimbursement iii parents nondisabled child obvious assume iii read light substantive provisions statute majority argues already rejected process inadequate school comm burlington department ed ante enactment ii question burlington whether reimbursement appropriate remedy iii see statement contrary congress expressed concern possible length idea review process surmised congress intended reimbursement authorized ibid congress provided statement contrary reading gives effect ii reimbursement permitted absent prior placement question whether congress meant said see cong rec statement castle law unintended costly consequences resulted school districts unnecessarily paying expensive private school tuition children resulted cases lawyers gamed system detriment schools children bill makes harder parents unilaterally place child elite private schools public taxpayer expense lowering costs local school districts