Endrew F. Decision Eliminates "Merely more than De Minimis" Standard

March 22, 2017

In an 8-0 decision handed down this morning, the Supreme Court struck down the Tenth Circuit's application of the "merely more than de minimis" standard when assessing whether a child with a disability has been provided a Free Appropriate Public Education under the IDEA. 

"It cannot be right that the IDEA generally contemplates grade-level advancement for children with disabilities who are fully integrated in the regular classroom, but is satisfied with barely more than de minimis progress for children who are not." Pp. 9–15.

The Court stated that, in order to meet FAPE requirements under the IDEA, a child's individualized education program must be "appropriately ambitious in light of his circumstances." You can find a summary of the Court's opinion here.

 

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