NEW RULING: A SCHOOL MUST OFFER AN IEP REASONABLY CALCULATED TO ENABLE A CHILD TO MAKE PROGRESS APPROPRIATE IN LIGHT OF THE CHILD’S CIRCUMSTANCES

Earlier this week, the Supreme Court issued a ruling in Endrew F. v. Douglas County School District. The Supreme Court unanimously issued a ruling on the level of benefit IDEA requires public schools to provide to students with disabilities. In the past, the level of benefit school districts were required to provide was de minimis, or negligible. In this week’s ruling the court ruled that schools must offer an IEP that is reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.

School districts have often argued that the level of benefit only needs to provide some benefit, as opposed to no benefit. This standard has long been a source of frustration for parents.  The Supreme Court in Endrew recognized the adequacy of a given IEP turns on the unique circumstances of the child for whom it was created.

The Supreme Court recognizes the need to defer to the judgment of school officials, informed by their own expertise and in light of the views of a child’s parents or guardians. The Supreme Court recognized the decisions made by an IEP team are of critical importance to the life of a child with a disability.

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Author: Kristin Springer Attorney at law

I am an attorney who practices civil rights and education law in the Bay Area. I was admitted into practice in November 2000. In addition to my license to practice law, I am a trained mediator who has completed over 40 hours of training and participated in numerous mediations. In August 2016, after taking five years off to homeschool my children, I made the decision to focus my practice on the civil and educational rights of students in the State of California. Having a child who had an individual education plan until he graduated, I know firsthand how difficult it can be to advocate for your child to receive an appropriate education.  I represent students with disabilities in disputes with their school district about what is an appropriate education. My work includes claims under the IDEA, ADA, Section 504 of the Rehabilitation Act, and California Law. I have experience in handling disciplinary matters, Title IX investigations, and civil harassment/TRO hearings. If you would like to contact me, feel free to call my office at 925-551-1041. View all posts by Kristin Springer Attorney at law