Article by Jim Gerl, Special Education Blog @ http://specialeducationlawblog.blogspot.com/2017/03/who-won-endrew-f-fape-iep-scotus.html I got an email from a reporter last week asking a fascinating question: did parents or school districts win in the Endrew F decision by the US Supreme Court? You can read the entire high court decision here. Also our previous posts concerning the case are available here and here. The reporter noted that it seems that parent groups are hailing the decision as a victory for them while at the same time school district groups are saying that they are already providing educational benefit at the level required by this [...]
Article by Kalman R. Hettleman, The Baltimore Sun. http://www.baltimoresun.com/news/opinion/oped/bs-ed-scotus-schools-20170327-story.html The Supreme Court held unanimously last week — in its most momentous ruling on special education in over three decades — that the standard for services owed to students with disabilities under federal law is higher than "merely more than de minimis." Lower courts had been divided, with some saying services must be "meaningful" or "significant," and others saying "merely more than de minimis" — as in a step above trivial. The Supreme Court decision to raise the bar was generally hailed as a victory for students with disabilities. But don't [...]
Supreme Court Decision in Endrew F. Focuses on Mainstreaming, Progress, and Designing IEPs to Meet Child’s ‘Unique Needs’firstname.lastname@example.orgT15:31:42-05:00
Article by Wrightslaw What a great day! On March 22, 2017, the U.S. Supreme Court issued another unanimous ruling in favor of children with special needs and their parents. The Court emphasized that full inclusion is the primary standard, with the "child progressing smoothly through the regular curriculum." The Court held that "merely more than de minimis" progress is not enough. Chief Justice Roberts wrote, "...IDEA demands more. It requires an educational program reasonably calculated to enable a child to make progress appropriate in light of the childs circumstances." If a child is not fully included, school officials must look at [...]
The United States Supreme Court issued a big decision on Wednesday. The high court clarified what FAPE means and how courts should apply the FAPE requirement. The decision in Endrew F by Joseph F v. Douglas County School District RE-1, # 15-827, 580 U.S. (2017) vacates and remands a previous decision by the Tenth Circuit. This was a unanimous decision, the second special education unanimous decision by the Supreme Court this year. Although this opinion clarifies how courts should apply the FAPE standard, the court's decision does not overrule the seminal Rowley decision. Instead, it clarifies Rowley and explains how courts have not been correctly interpreting the decision. [...]
On December 11, 2015 President Obama signed into law the Every Student Succeeds Act (ESSA), which reauthorized the Elementary and Secondary Education Act of 1965. ESSA will replace the No Child Let Behind Act of 2001.