The Supreme Court Insists on Education for Individuals with Disabilities

| Post By Susan Perkins Weston |

The IDEA demands more. It requires an educational program reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

The words above are from the Supreme Court's March 22 ruling in Endrew F v. Douglas County School District. IDEA is short for the Individuals with Disabilities Education Act, and the ruling applies to all states that take IDEA funding.

Under IDEA, participating states commit to providing “free and appropriate public educations” (or "FAPE") for all eligible students. Endrew F confirms that what is appropriate for a particular student must be decided based on individual evidence and dialogue in the committee responsible for that student’s individualized education program (IEP), with options for seeking outside resolution if that group cannot agree.

Frankly, what surprised me in the case was the Tenth Circuit Court of Appeals, which argued that an IEP can be adequate if it offers progress that is "merely… more than de minimis.” De minimis is legal Latin for “too trivial or minor to merit consideration,” so the appellate court seemed prepared to accept any level of progress better than that “too trivial or minor” level. I don't see how that could ever fit what IDEA explicitly says must be done for each student.

The Supreme Court's ruling rejects the Tenth Circuit view, and boils down to insisting that  "appropriate" means nothing less than "appropriate."

Reading with Kentucky in mind, I did notice one other Endrew F feature. The opinion speaks repeatedly of a state’s obligation to implement IDEA for students. States often delegate much of their duty to school districts, but the states themselves take the dollars and pledge to provide the required education. That’s why states cannot create charter schools exempt from IDEA, and it’s why states can’t create any other kind of K-12 school that doesn’t have to provide FAPE and implement IEPs. As Kentucky continues to expand its public non-district educational options, it’s helpful to have a new ruling confirming that states must implement IDEA for each and every child enrolled in each and every one of those schools.