Friday, September 30, 2016
Breaking; Supreme Court To Consider Meaningful vs. Some Educational Benefit #RowleyStandard # FAPE
The United States Supreme Court yesterday granted certiorari in the case of Endrew F. v Douglas County School District, No. 15- 827. This case gets to the heart of special education law. Does FAPE require an IEP to be reasonably calculated to provide some educational benefit as the Supremes have previously said or does FAPE require an IEP that is designed to provide meaningful educational benefit. Or maybe the court will state that there is really no difference between the two standards. Remember that there are only eight justices as of now. If the decision is 4-4, it will have no precedential value.
Here is our post concerning the high court's request for a brief from the Solicitor General. Here is a post on the Fourth Circuit decision. Finally, this post explains the Rowley standard in general and a more detailed discussion of the some benefit vs. meaningful benefit arguments..