The U.S. Supreme Court heard oral arguments in the Endrew F. v. Douglas County School District on January 11, 2017 (official transcript). The issue before the court is “What is the level of educational benefit that school districts must confer on children with disabilities to provide then with the free appropriate public education guaranteed by the Individuals with Disabilities Education Act.”
Individuals with Disabilities Education Act (“IDEA”) passed in 1975, subsequently reauthorized and amended twice in 1997 and 2004, as the federal education law to provide a free appropriate public education (“FAPE”) to students who receive special education. In 1982, the U.S. Supreme Court interpreted the FAPE requirement in IDEA to mean schools must provide “some educational benefit” to their students with disabilities. Since then, IDEA has been amended to include the No Child Left Behind Act (“NCLB”). Further, the Americans with Disabilities Act (“ADA”) passed in 1990. The evolution of protections for our population of individuals with disabilities continues to address the needs of a growing segment of our population.
An attorney for the Petitioner, Jeff Fisher, argued to the Court that IDEA requires “for the school to provide instruction and related services to the child that are reasonably calculated to provide substantially equal educational opportunities.” Irv Gornstein for the Department of Education of the United States, argues in support of the Petitioner for a formulation that is “reasonably calculated to make progress that is appropriate in light of the child’s circumstances.”
In the event the Supreme Court rules in favor of Endrew F., there will be a substantive standard in states to provide a higher, meaningful education to children with special needs.
Later this month, the executive branch of the government will be headed by President-elect Donald Trump. Trump has picked Senator Jeff Sessions to serve as his Attorney General. In order to help predict future actions, we should visit the past. In May 2000, on the senate floor, Jeff Sessions stated “We have created a complex system of federal regulations and laws that have created lawsuit after lawsuit, special treatment for certain children, and that are a big factor in accelerating the decline in civility and discipline in classrooms all over America.” Sessions’ full statement is available on his website.
For more information on the Endrew F. case, click here for an Understood video interview Jack Robinson, an attorney for the parents of Endrew F.