General Question

lwyrnluv's avatar

How has the Endrew F case affected the way IEPs are created or formulated for autistic children?

Asked by lwyrnluv (38points) May 3rd, 2019

The case—Endrew F. v. Douglas County School District—involved “Drew,” a boy with autism who made almost no progress on his IEP goals. His parents said he was entitled to more under the Individuals with Disabilities Education Act (IDEA), the nation’s special education law. They asked the Court to rule that the boy should have had an “equal opportunity” to achieve success like other kids. The school district, however, argued that the boy only had the right to a de minimis, or minimal, benefit from the IEP. And that’s what he received, the school district said.

In a 16-page decision, Chief Justice John G. Roberts, writing for a unanimous court, rejected the school district’s de minimis standard. He wrote that IDEA aims for “grade level advancement for children with disabilities who can be educated in the regular classroom.” Therefore, a de minimis standard makes no sense:

When all is said and done, a student offered an educational program providing “merely more than de minimis” progress from year to year can hardly be said to have been offered an education at all. For children with disabilities, receiving instruction that aims so low would be tantamount to “sitting idly… awaiting the time when they were old enough to ‘drop out.’”

But Roberts also didn’t accept the “equal opportunity” standard that Drew’s parents wanted. Instead, he crafted a more flexible standard:

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.

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4 Answers

elbanditoroso's avatar

Is this really a question? Seems more like a new article or a persuasive essay. Or maybe a harangue. But not really a question that is answerable.

YARNLADY's avatar

Since my family has been affected by this issue, I have an opinion, and I appreciate the full explanation.

In my case, we did not bother to try to get any authorities to take care of our needs. We have taken education into our own hands. In California, there are charter schools and outreach schools that provide materials and support for parents or grandparents to guide a home school or independent study program for our children.

raum's avatar

I think the Endrew F case has shifted the discussion about academic expectations of special education students.

While that may affect how goals are written, the Endrew F case has yet to see much effect in the courtroom. The majority of cases siting the Endrew F case have still been ruled in favor of the districts.

So, basically, more of the same. But you’ve got to start somewhere, I guess.

raum's avatar

@elbanditoroso It’s most definitely a legit question.

The details are explaining the logistics of the case. Just because it may be TLDR doesn’t make it a harangue.

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