Endrew F. v. Douglas County School District RE–1
The Individuals with Disabilities Education Act (IDEA) offers states federal funds to provide every eligible child a “free appropriate public education” (FAPE), by means of an “individualized education program” (IEP). 20 U.S.C. 1401(9)(D), 1412(a)(1), “reasonably calculated to enable the child to receive educational benefits.” For children fully integrated in the regular classroom, this typically requires an IEP “reasonably calculated to enable the child to achieve passing marks and advance from grade to grade.” Endrew, who has autism, received annual IEPs. By fourth grade, Endrew’s parents believed his academic and functional progress had stalled and enrolled him in a specialized private school, where he made significant progress. School district representatives later presented a new fifth grade IEP, but the parents considered it no better than the original plan. They sought reimbursement for tuition. The Colorado Department of Education denied the claim. The district court and Tenth Circuit affirmed. The Supreme Court vacated. A school must offer an IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances. Focus on the particular child is the core of the IDEA. Precedent does not provide concrete guidance concerning a child who is not fully integrated in the regular classroom and not able to achieve on grade level. A child’s IEP need not aim for grade-level advancement if that is not a reasonable prospect, but every child should have the chance to meet challenging objectives. This standard is more demanding than the “merely more than de minimis” test applied by the Tenth Circuit. The Court declined to hold that the Act requires states to provide educational opportunities that are “substantially equal to the opportunities afforded children without disabilities.” The adequacy of an IEP turns on the unique circumstances of the child for whom it was created. View "Endrew F. v. Douglas County School District RE–1" on Justia Law
