Washington, Jan. 13 – Earlier this week, the Supreme Court heard oral arguments in a critical case for children with disabilities, Endrew F. v. Douglas County School District, one of the most important education cases in decades.
In 1975, Congress passed a federal law requiring school districts to provide a “free appropriate public education” for children with disabilities, which includes individualized education plan (IEP) for students to be included in public schools. The law also provided federal funds for these services. The act was renamed the Individuals with Disabilities Education Act (IDEA) in 1990. Unfortunately, IDEA has never been fully funded, leading to some school districts struggling to keep up.
This case, representing a boy with autism named Endrew F. (Drew), argues just how much educational benefit the IEPs must provide. While some lower courts have ruled the need for a “meaningful” educational benefit, others require only a bit more than de minimis – the bare minimum.
Since Drew’s parents felt he was not improving in public school, they sent him to a private school where he progressed at a much quicker pace. Under IDEA, parents can receive tuition reimbursement from the school district if their child does not receive enough “educational benefit” from public schooling. Drew’s parents were denied, leading to this case.