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March 2017 Archives

On March 22, 2017 the U.S. Supreme Court Issued Unanimous Decision Overturning a 10th Circuit Court of Appeals Decision Limiting School Districts' Responsibilities Under the IDEA by Interpreting a FAPE to Mean Providing Merely "De Minimis" Benefit.

In a case called Endrew F. v. Douglas County School District, parents of Endrew F. did not agree that a Colorado school district's Individualized Education Program (IEP) prepared for their son with autism, was reasonably calculated to provide him with a free and appropriate public education (FAPE) as required under the Individuals with Disabilities Education Act (IDEA).

A November 2015 9th Circuit Court of Appeals Opinion Makes it Clear that Districts in California Must Not Only Offer a Student with Special Needs a Free and Appropriate Public Education (FAPE), They Must Also Ensure a FAPE is Provided, Even if it Means Fi

When parents and school districts disagree about whether the placement and services offered in a Student's Individualized Education Program (IEP) are appropriate, a number of different things can occur. In order to resolve the dispute(s), the parties can hold additional IEP meetings to try to eventually come to an agreement; the district can file a due process complaint against the parents; or the parents can file a due process complaint against the district. If a party files a complaint requesting a due process hearing, and the parties are unable to come to an agreement prior to hearing, ultimately a judge will decide whether the placement and services offered provide a FAPE.

The U.S. Supreme Court Plans to Issue a Ruling sometime during the summer of 2017, which could really change things for Students with IEPs and School Districts' Responsibilities to those students.

Under the Individuals with Disabilities Education Act (IDEA), School districts are required to provide eligible special needs students with a free and appropriate public education (FAPE). But what does that mean? What is appropriate for an individual student? How much progress should they make in order to determine that their IEP is appropriately designed to meet their needs?

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