Yesterday, the United States Court of Appeals for the Fourth Circuit held that the "some benefit" FAPE standard created by the U S Supreme Court in the seminal Rowley decision is still the law concerning the standard. The case before the Court was OS by Parents v. Fairfax County Sch Bd, No 14-1994, ___F.3d___, (Fourth Circuit 10/19/2015). The parents argued that meaningful benefit requires more than some benefit. The Court rejected this argument and decided that the some benefit standard remains the rule concerning the measure of FAPE. You can read the decision here.
This holding is very similar to the recent holding by the Tenth Circuit in the Endrew F Case, You can review our post on that case here. What do you think about this decision?
Even"some" benefit should also be meaningful.
ReplyDeleteThis decision was quite informative. I'm taking a class and was required to read the Rowley decision. As a special educator each situation is different and I appreciate reading this information which continues to inspire to put the needs of the student first.
ReplyDeleteUnK & Anon,
ReplyDeleteThanks for your comments,
JG