Month: March 2017

This week, many families with children with special needs celebrated the United States Supreme Court ruling in Endrew F. v. Douglas County School District.  The Individuals with Disabilities Act (“IDEA”) protects children with disabilities through a mandate that each eligible student receive a Free Appropriate Public Education (“FAPE”), by means of a uniquely tailored individualized education program (“IEP”).  In this case, the Court found that student Endrew F.  failed to receive an appropriate public education.  Special Education and related services are to be provided so that the student may advance appropriately toward attaining the annual goals from the IEP, and when possible, be involved in and make progress in the general education curriculum.

The Court noted in its opinion that at age two, Endrew F. was diagnosed with autism, a neurodevelopmental disorder generally marked by impaired social and communication skills, “engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.”  With this diagnosis, Endrew F. was eligible to receive special education services. Endrew F.’s parents were dissatisfied with the public school’s inability to provide and IEP different from any of the IEPs for the past few years. With no satisfactory results from the school district, Endrew F.’s parents withdrew him from school and enrolled Endrew in a private school that specializes in educating children with autism, where Endrew excelled.

Endrew F.’s parents sued the school district for failure to provide an appropriate public education for Endrew F.  The Supreme Court noted that a IEP is unique for the circumstances of the child for whom it was created.  The standard for the student’s educational program must be appropriately ambitious in light of his circumstances, not merely more than de minimis progress from year to year.

Parents and advocates, when you are in attendance at an Admission, Review, and Dismissal meeting (“ARD Meeting”), argue with confidence so that your child to receive an education appropriately ambitious in light of your child’s circumstances.