NEW YORK, NY October 01, 2007 —Special education advocates say a New York case being heard in the US Supreme Court today could affect the future of students across the country.

REPORTER: The case involves a former Viacom executive who wants the city to pay for his son to attend a private school that specializes in treating learning disabilities. The boy never attended a public school and the city argues that federal law requires families of special education students to try a public school before claiming declaring its inadequacy.

Ellen McHugh of the group Parent to Parent says if the Supreme Court sides with the city, it will be much harder for students with special needs to attend private schools.

MCHUGH: They'll say we don't have to do that, such and such case says no you gotta spend a year in public school and you put kids at risk of failure. A year in the life of a child is a lot.

REPORTER: The city says it's spending $57 million a year for more than 3600 special education students to attend private schools.