by Ashley Barad
As you can see from our recent posts, our firm has been working hard to make change in New York City and help our clients receive appropriate education which sometimes includes tuition reimbursement. However, we are not the only ones making noise in the world of Special Education Law.
At the end of September, the Supreme Court announced that it will hear a case which looks to expand the definition of what constitutes an appropriate education for a special education student. The Colorado case of Endrew vs Douglas County School District deals with an autistic child whose parents believe he did not receive a free appropriate public education (FAPE) in his school district. This case looks to expand and increase the low standard of what constitutes an appropriate education which was originally articulated in the 1982 US Supreme Court decision of Board of Education vs Rowley (see our Case Law page for more info). The Rowley decision skirted the question of the quality of the education that is required to be provided to special needs students.
According to the Denver Post, the Colorado family wishes to address equal opportunity for special-needs kids by arguing that the IDEA was intended to provide an education that is not only appropriate, but meaningful. These parents hope to change lives on a national scale with this court case, and that very well may happen. The outcome of this case could have significant effects on the requirements that school districts must meet when providing instruction and services under the IDEA.
We will continue to update you on the progress of this case as it proceeds. Stay in the loop by subscribing to this newsletter if you have not already!