But because he has already been jailed for 19 months, Colliton, 43, was eligible for immediate release. His lawyer, Howard Greenberg, said he expected the defendant to be released Thursday.

Corrections officials did not immediately return an after-hours call Thursday night.

The 38-year-old mother of the two underage sisters pleaded guilty in April 2006 to endangering the welfare of a child. She admitted she allowed her girls to have sex with Colliton, knew he was giving them money and gifts, and said she had asked him for money for herself.

Colliton, who is married with five children, was formerly with the prestigious Manhattan law firm Cravath Swaine & Moore.

He admitted when he pleaded guilty that he had sex many times with one girl younger than 15 and another under 17 between Dec. 25, 2000, and March 1, 2005. Colliton also admitted he visited a prostitute younger than 17 between August 2000 and February 2004.

He had faced as many as 30 years in prison if he had been convicted of several counts of rape and sodomy.

The case has been closely watched by educators. Almost seven million students nationwide receive special-education services, with 71,000 educated in private schools at public expense, according to the federal Education Department. Usually, districts agree to pay for those services after conceding that they cannot provide suitable ones.

New York City pays for private schools for more than 7,000 severely handicapped children because it agrees that it cannot properly instruct them. But, officials said, requests for tuition payments for special education students by parents who have placed their children in private school on their own have more than doubled in five years, to 3,675 in 2006 from 1,519 in 2002. And the cost of these payments grew to more than $57 million in the last school year.

“The trend has been increasing for several years,” said Michael Best, general counsel for the city’s Education Department.

Leonard Koerner, chief of the New York City Law Department’s appeals division, said: “We are very disappointed in the court’s ruling, because it does not require the parents to place their children initially in the public school system. This detracts from schools’ abilities to work with parents for the best possible educational outcomes for children with disabilities.”

But Mr. Koerner noted that the ruling did not set a precedent that would bind all schools in the country, and he expressed hope that the justices would soon consider the issues again. That seems likely. At least one other circuit court has come to a conclusion opposite from that of the Second Circuit.

Moreover, there is another Second Circuit case, from Hyde Park, N.Y., that is already available for review.

The justices last February decided to hear arguments in the New York City case and not the Hyde Park one, but Justice Kennedy’s decision to recuse himself only 12 days before the New York City case was argued created the possibility of the 4-4 tie and could make the court inclined to take up the issue again this winter. The court gave no reason for Mr. Kennedy’s lack of participation.

Both the New York and Hyde Park cases involve interpretations of a landmark 1975 special education law now known as the Individuals With Disabilities Education Act and amendments to it in 1997. The law requires school systems to provide a “free appropriate” public education to disabled students, with individually tailored programs.

The law permits parents to seek public financing for private schools if they can show that the public schools cannot meet their children’s needs.

Mr. Freston’s fight on behalf of his son began a decade ago, when his son, then 8, was found to have learning disabilities.

The city offered the child a coveted spot in the Lower Laboratory School for Gifted Education, on the Upper East Side, but Mr. Freston wanted a smaller setting and put his child in the private Stephen Gaynor School. He won tuition reimbursements through administrative hearings and an appeals board proceeding.

Then the Board of Education sued in federal court, where a district judge ruled that a family could not receive tuition reimbursement unless a child first attended public school. But the Second Circuit court found for Mr. Freston, sending the case to the Supreme Court.

Mr. Freston, who left Viacom with a separation package worth an estimated $85 million, has said he brought the case on principle and has donated his tuition reimbursement to tutoring for public school children.

The Hyde Park case involves a boy born in 1991 to a crack-addicted mother and suffering from learning disabilities. The child’s adoptive parents placed him in a private school after turning down the public school programs designed for him. A federal district judge ruled that the parents were entitled to tuition reimbursement, and the Second Circuit agreed.

Wal-Mart (WMT) shares climbed 3% Thursday after the giant retailer surprised Wall Street by boosting its earnings estimate for the third quarter, despite tepid sales.

The Bentonville, Ark., company said it now expects to make 68 cents to 69 cents a share for the quarter, up from its previous forecast of 62 cents to 65 cents a share. Analysts polled by Thomson Financial expected earnings of 63 cents a share.

The company said it had improved expense controls at its Wal-Mart Stores division, which expanded profit margins. That helped offset relatively meager sales growth.

Wal-Mart said same-store sales rose 1.4% from a year ago in September, at the lower end of its forecast for a 1% to 3% rise. Analysts expected a 1.8% increase in same-store sales, or sales at stores open at least a year.

Sales in established Wal-Mart stores inched up 0.8%, and those at warehouse-club operator Sam's Club jumped 4.4%.

"Overall, apparel and home remain soft. Company research reinforces that customers remain concerned about their finances, especially the cost of living," Wal-Mart said. "In addition, unseasonably warmer weather in much of the country, coupled with tighter consumer spending, negatively impacted key seasonal categories."

The report came as many retailers reported sluggish sales for September, including Wal-Mart rival Target (TGT) and department-store chains like J.C. Penney (JCP) and Macy's (M) . While several chains attributed the drop to warmer-than-average weather, the companies are also dealing with inventory missteps and the threat of tighter consumer spending.

The latest salvo from those hoping Gore would reprise his 2000 run for the White House came in a full-page ad in The New York Times sponsored by draftgore.com, which says it is a group of grass-roots Democrats. Gore has said repeatedly, if not definitively, that he is not planning to seek the presidency.

"Your country needs you now — as do your party and the planet you are fighting so hard to save," said Wednesday's ad, which group founder Monica Friedlander of Oakland, Calif., said cost $65,000.

Despite no overt campaigning for the presidency, Gore was backed by 12 percent of Democrats in this month's Associated Press-Ipsos poll. That's down from 20 percent in June, but enough to tie for third with former Sen. John Edwards, well behind Sen. Hillary Rodham Clinton and just trailing Sen. Barack Obama.

"Doggone him," Pat Sutton, 69, a Gore supporter and homemaker from Lincoln, Neb., said of Gore's non-candidacy. "That's the kind of president I want, who's willing to stand up to the hard stuff. And there's a lot of hard stuff out there."

"He's far and away more intelligent than the others," said Jason Thompson, 36, an environmental health inspector in Fort Myers, Fla. "I like his environmental stand, I think he's the more sincere of the candidates, and I think he got hosed in his first election" when George W. Bush defeated him in 2000 in a disputed election.

Longtime political aide Roy Neel, who runs Gore's office in Nashville, Tenn., said the former vice president is focusing on prompting action against global warming. He said he has seen no signs Gore is contemplating a race.

"He's making no plans, and we're doing nothing," said Neel, adding, "He's not ruled it out in the future."

Asked what "the future" meant, Neel said, "Sometime later than today."

Donna Brazile, campaign manager for Gore's bitter 2000 loss to Bush, said she believes he will not run — this time.

"He's very comfortable and committed" to his work on global warming, she said, and to business pursuits that include Current TV, a cable network he helped found. She would not rule out a future presidential run.

"Al Gore should be viable for the rest of his life" as a candidate, she said.

Gore has been in the public eye this year, particularly in February when the movie "An Inconvenient Truth" about his efforts to educate about global warming won the Oscar for best documentary. Current TV also captured an Emmy.

Friends hope a crowning third award will come later this week, when the Nobel Prize for peace is announced.