Education – Supreme Court Hears IDEA Case

On January 11, the U.S. Supreme Court heard oral arguments in the case of a Colorado student with autism, Endrew F. v. Douglas County School District.Endrew’s parents withdrew their son (known as Drew) from public school and enrolled him in a private school after his individualized education program (IEP) proposed goals for fifth grade that closely resembled goals for earlier years. This case addressed the following question: what level of educational benefit must school districts confer on children with disabilities to provide them with the free appropriate public education guaranteed by the Individuals with Disabilities Education Act? The Arc joined other disability advocates in filing an amicus brief in November that argues that Congress’s move to standards based education, combined with the specific language of the amendments to the IDEA, make the Tenth Circuit’s merely-more-than-de-minimis standard untenable. The brief argued that these amendments make clear that a school district’s educational interventions must provide a child with a disability an equal opportunity to meet the standards the district applies to all children and that any deviation from that universal standard must be tied to the unique needs of the child. For more information about the oral argument, see the argument analysis from SCOTUSblog. A decision is expected this summer.

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