The Supreme Court held unanimously in Endrew F. v. Douglas County School District that public school districts must offer students with disabilities an individual education plan (IEP) “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

The Court rejected the Tenth Circuit’s holding that an IEP must merely confer “some educational benefit” that is “more than de minimis.”

This ruling came down while Supreme Court nominee Judge Neil Gorsuch was testifying before the Senate Judiciary Committee. Judge Gorsuch was the author of a 2008 opinion which was the basis for the Tenth Circuit’s opinion in Endrew F.

The Supreme Court held unanimously in Endrew F. v. Douglas County School District that public school districts must offer students with disabilities an individual education plan (IEP) “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

The Court rejected the Tenth Circuit’s holding that an IEP must merely confer “some educational benefit” that is “more than de minimis.”

This ruling came down while Supreme Court nominee Judge Neil Gorsuch was testifying before the Senate Judiciary Committee. Judge Gorsuch was the author of a 2008 opinion which was the basis for the Tenth Circuit’s opinion in Endrew F.

In Fry v. Napoleon Community Schools the Supreme Court held unanimously that if a student’s complaint against a school seeks relief for a denial of a free appropriate public education it must first be brought under the Individuals with Disabilities Education Act (IDEA), instead of under other statutes that might also be violated.

Napoleon Community Schools prohibited a kindergartener with cerebral palsy from bringing a service dog to school. The district noted the student had a one-on-one human aid who was able to provide the same assistance as the dog.

Per the federal Individuals with Disabilities Education Act (IDEA), a student with a disability receives an individualized education program (IEP), which is intended to provide that student with a “free and appropriate public education” (FAPE). Parents and educators determine the content of each IEP. According to the Supreme Court in Board of Education v. Rowley (1982) to provide a FAPE, an IEP must be “reasonably calculated to enable the child to receive educational benefits.”

The question the Supreme Court will decide in Endrew F. v. Douglas County School District, is what level of educational benefit must school districts confer on children with disabilities to provide them with a FAPE.

Today, the U.S. Department of Education’s Office of Special Education and Rehabilitative Services (OSERS) issued guidance in the form of a Dear Colleague Letter emphasizing the requirement that schools provide positive behavioral supports to students with disabilities who need them. The guidance also clarifies that repeated use of disciplinary actions may suggest that many children with disabilities are not receiving appropriate behavioral interventions and supports. The Department voiced concern over the possibility of schools failing to consider and provide for needed behavioral supports through an Individualized Education Program (IEP), which could result in a child not receiving the free appropriate public education to which they are entitled under federal law.

CSG South

This SLC Regional Resource examines the strategies taken by Southern states to increase school options for special education students through the implementation of state-funded school voucher programs, focusing on their many forms and variations, and addresses school voucher programs that provide direct payments or reimbursements to private alternative schools or parents and legal guardians, respectively.

The U.S. Department of Education (USDOE) recently notified the South Carolina Department of Education that they have to restore $111 million for services to students with disabilities or face a penalty of the same amount.  Policymakers in the state reduced their budget by $36 million in the 2009/10 school year and $75 million in the 2010/11 school year.

No more readers, no more scribes.  The days of dedicating staff and preparing homemade resources for assessments may be over when it comes to students with disabilities.  For years, teachers and parents have prepared an Individual Education Program for students who meet evaluation criteria for a disability category under the Individuals with Disabilities Education Act.  Part of that IEP includes testing accommodations when necessary.

Zero tolerance policies mandate certain punishments for offenses at school regardless of the circumstances. But questions about how those policies are enforced are being raised due to the high number of minority students and students with disabilities that are suspended each year.

BE IT THEREFORE RESOLVED, The Council of State Governments recognizes that to compete with their international peers, American students must graduate from high school college and career ready.  If implemented properly and funded, ESEA reforms could be long-term steps towards economic recovery and sustainability;

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