The United States Supreme Court has agreed to decide what standard of education schools must provide to students with disabilities in Endrew F. v. Douglas County School District. The case involves the core requirement of the Individuals with Disabilities Education Act (IDEA) that States make available a “free appropriate public education” (FAPE) to eligible children with disabilities.
Since the Supreme Court first described FAPE over thirty years ago, federal courts have become divided over the level of educational benefit the IDEA demands. Some courts have found that an IEP satisfies the IDEA if it provides a child with a minimal educational benefit, while others have found that the IDEA requires a heightened educational benefit.
A ruling is expected to be issued by the Supreme Court in 2017.