In late March, the Supreme Court unanimously rejected a lower court’s ruling that required a school to provide only a de minimis (minimal) educational benefit to meet the IDEA’s FAPE requirement. Instead, the Supreme Court set a higher standard, requiring schools to provide an “IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” According to Chief Justice Roberts:
A child’s IEP need not aim for grade-level advancement if that is not a reasonable prospect. But that child’s educational program must be appropriately ambitious in light of his circumstances, just as advancement from grade to grade is appropriately ambitious for most children in the regular classroom. The goals may differ, but every child should have the chance to meet challenging objectives.
The case, Endrew F. v. Douglas County School District, made national headlines—even outside of education circles—because Neil Gorsuch, the judge who decided the lower court case, is now a Supreme Court Justice. In fact, Gorsuch was even asked about his views on the IDEA during his confirmation hearings.
The Endrew F. decision reaffirmed what most Texas special education professionals already know—that an IEP should be uniquely tailored to the student’s individual needs, and should aim to enable the child to make appropriate progress considering his or her distinct circumstances. However, while the standard in Texas may not have changed significantly, it is uncertain whether the Endrew F. decision will lead to more requests for due process hearings and special education litigation.
This article should not be construed as legal advice related to any specific facts or circumstances. Although this article covers legal subjects, it is intended to educate readers about school law topics and not to provide advice that will be the basis for action or inaction in any specific circumstance. Viewing these materials does not create an attorney-client relationship between Abernathy, Roeder, Boyd & Hullett, P.C. and the reader or the reader’s institution. For circumstance-specific legal advice, please directly contact a licensed attorney.
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