supremeCourt

In an 8-0 opinion, the U.S. Supreme Court struck down the de minimis standard as it relates to the educational benefit that students must receive under the Individuals with Disabilities in Education Act (IDEA). Instead, the Court reiterated the longstanding Rowley standard in ruling that in order for a school to “meet its substantive obligation under the Individuals with Disabilities in Education Act, a school must offer an “individualized education program” reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

In the case, entitled Endrew F. v. Douglas County School District, Endrew’s parents believed that he was not making any progress, as reflected by his “individualized education program,” which set forth essentially the same goals and objectives each year. The District offered an IEP to the parents for Endrew’s fifth grade year and it was similar to the IEPs that preceded it. The parents did not believe it was appropriate, so they unilaterally placed him in a private school and sought reimbursement from the school district. The lower courts ruled against the parents. The 10th Circuit Court of Appeals, relying upon the same lower standard as the court below, also ruled in favor of the District, holding that an IEP is adequate as long as it is intended to provide “merely more than de minimis” benefits.

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