Supreme Court Rules in Favor of Special Education Rights


But that's exactly what happened yesterday, when the justices issued their ruling in Endrew F. v. Douglas County School District. Instead, schools must offer an education program "reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances" and that the essential function of the educational plan is to "set out a plan for pursuing academic and functional advancement".

Maryland parent Jennifer Laszlo Mizrahi, president of the nonprofit RespectAbility, calls the decision "epic".

The ruling, one of the most important of this term, came as President Trump's Supreme Court nominee is wrapping up his third day of testimony before a Senate committee.

Sen. Richard Durbin, D-Ill., who was the first to suggest to Gorsuch on Wednesday that the Supreme Court had just rebuked him in the Endrew F. ruling, told Tacha when she discussed the prevailing 10th Circuit standard, she left out the word added to "more than de minimis" by Gorsuch: "merely".

The Supreme Court, however, ruled on Wednesday that the schools have a higher burden than the one adopted by the 10th Circuit decision to properly educate students with disabilities.

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Gorsuch's confirmation hearing began Monday, and tensions over his replacement of Garland flared. Sen. And, the two parties in Endrew's case argued starkly different positions - with the parents interpreting FAPE to mean "equal educational opportunity" and the school arguing that the FAPE requirement was not a substantive requirement at all. This act requires that our nation's schools guarantee eligible children a free and appropriate education in the least restrictive environment.

Rather, the Supreme Court said, students with disabilities should be measured on their ability to pass their courses and advance from grade to grade. They asked the school district to reimburse them for his tuition - about $70,000 a year - on the basis that public school officials weren't doing enough to meet their son's needs.

The Supreme Court's decision changes the equation for schools, he said, giving parents a "posture of greater strength" in negotiating for what they believe is best for their children.

Chief Justice John Roberts explained that the federal appeals court in Denver had applied too strict a standard to claims by an autistic child's parent that they were entitled to reimbursement for the cost of private education under the federal Individuals with Disabilities in Education Act (IDEA).

Gorsuch's opinion in that decision, Thompson R2-J School District v. Luke P.

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Senator Blumenthal questions Supreme Court nominee Neil Gorsuch Wednesday.

"Senator, I've tried to treat each case and each person as a person, not a "this kind of person, ' not a 'that kind of person" - a person", Gorsuch replied.

Not infrequently, state and federal appeals court judges and justices surprise and even disappoint those who supported them when they were nominated.

Douglas County schools said it never used a minimum standard. "Now we have some more understanding of appropriate", Jensen said.

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