Monday, September 7, 2015

New Weekly Question!

A recent Tenth Circuit opinion discussed the difference, if any, between "meaningful benefit" vs. "some benefit" for the FAPE standard. Which should be the standard? Do you think that there is a difference?

4 comments:

  1. Michigan's state standard is "maximum potential," although it tends to get watered down in practice.

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  2. "IDEA requires an IEP to confer a meaningful educational benefit gauged in relation to the potential of the child at issue". "Meaningful", as it relates to "potential" should be rigorous instruction for a child with a high capacity. Services are too often watered down.

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  3. Thanks Anon,

    I know that a few jurisdictions, like the U S Virgin Islands, have voluntarily adopted a higher standard. Thanks for the info.

    JG

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  4. AFA,

    I think that the Supreme Court difers with you about the potential of the child, Many agree with you though about what should be the standard. Please see this post for more discussion:
    http://specialeducationlawblog.blogspot.com/2015/08/rowley-fape-standard-some-vs-meaningful.html

    JG

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