Comments on: School Choice for the Legally Savvy Parent

By: Jim Thornton

Jim Thornton — Thu, 26 Oct 2006 22:56:45 +0000

We did not want to fight the system with our son who was diagnosed with dyslexia in the first grade. We put him in a special school through 8th grade at our expense of $35,000 per year and felt the education was well worth the expense. We then searched all over the country for a high school that could help our son overcome or compensate for his disability, none of the schools in our area felt as right as the Forman School in Litchfield, Connecticut. My son had a wonderful experience, great special education training, individualized for his learning differences, after four wonderful years he was accepted into James Madison University. When my son was in eighth grade I never thought that college was an option. We never taxed the local school district but we did deduct the tuition on our 2003 tax return. We should have asked for a private ruling from the IRS. In a letter ruling 200521003, the IRS held that tuition paid to a school program to help dyslexic children deal with their condition was an IRC section 213(a)deductable medical expense. The taxpayer enrolled the children in a school that provided them with special education designed to enable them to cope. The IRS told that family that it was ok to deduct the tuition as a medical expense. We also took the medical deduction based on the tax law and right now the IRS has denied our medical deduction. I now have to spend additional moneys on top of the $160,000-$180,000 I spent over the last four years to fight the IRS because I know that my son's tuition is deductable, paying the tuition was worth it because my son is functioning at a high level because of the superior way in which he was taught to utilize his strengths to work around his disability. Last year I attended a local civic association meeting in my town, at that meeting the new school board president was making a presentation. During the question and answer session, I asked how many families were receiving partial or full tuition at private schools outside of the township that we lived in that was being paid for by the township. She answered that 345 families were receiving full or partial assistance and in most of the families there was some type of special education requirement that the parent's claimed the local school district was unable to meet. At this point in time, I wish that I was one of the savvy parents who hired an attorney to fight for the right to have the tuition paid for at the Forman School, instead I have to hire an attorney anyway because some examiner at the IRS is making me jump through all kinds of hoops in my effort to convince them that the tuition was a medical expense. So to all who read this comment, attempt to get the IRS to give you a private letter ruling before you enroll your special needs child in a school that specializes in learning differences or even better have your attorney write a pleasant letter to your local school board requesting that they pay for your special education needs. As I look back now, I wish I had been savvy enough to be Over Lawyered. Good luck.
Jim Thornton

By: Deoxy

Deoxy — Fri, 31 Mar 2006 15:23:13 +0000

"I am sorry they got close to $70,000 of our tax dollars. But the first $10,000 (average expenditure per student) are quite justified."

Actually, the average expenditure per student is $25,000.

Otherwise, I essentially agree with you.

And wolfman is right on, too.

By: wolfman

wolfman — Fri, 31 Mar 2006 14:06:17 +0000

The truely sad part of this is that transfers frequently take place to the more affluent members of the community. In my community, a way above middle class (ave home is 650,000), I watch as they game the system for needs that they could well afford.

It is not that I object to people using the system to maximize their gain - that is the basis of our market economy.

I objct to a system that has absolutely no means testing to prevent abuse.

By: Anonymous Coward

Anonymous Coward — Fri, 31 Mar 2006 00:48:40 +0000

When parents cannot get education vouchers from the government that taxes them, they are justified to work through the loopholes. I am sorry they got close to $70,000 of our tax dollars. But the first $10,000 (average expenditure per student) are quite justified.

By: Brad Warbiany

Brad Warbiany — Thu, 30 Mar 2006 15:52:08 +0000

It’s funny how easy it is to demand everything under the sun when you know you can get the omnipresent “someone else” to pay for it…

By: Ryan Cupples

Ryan Cupples — Thu, 30 Mar 2006 06:31:07 +0000

The sad part is, that with today’s parents being so overprotective and coddling of their children (read: parents attending job interviews!), that she is more than likely 100% serious. I can understand a parent who is opportunistic and an asshole, but if she arrived at the conclusion that her child needed $68,000 worth of support for one year of school in a non-malicious way, think of how many other parents could arrive at a similar conclusion.