For the first time in over thirty years, the nation's highest court has agreed to hear arguments about the level of educational benefit an IEP must provide in order to comply with the Individuals with Disabilities Education Act ("IDEA") and provide a Free and Appropriate Public Education ("FAPE").
Today the Supreme Court of the United States granted a writ of certiorari in the matter of Endrew F. v. Douglas County School District RE-1. This case is an appeal of the Tenth Circuit ruling that held an IEP needed to provide a boy with autism "merely more than a di minimis" educational benefit. Many other circuit court of appeals use this standard to measure FAPE. Other circuit court of appeals use a "meaningful educational benefit" standard, which is arguably much higher than a "merely more than a di minimis" standard.
Massachusetts, as part of the First Circuit, requires more than simply a “trivial” or “de minimis” benefit, while also noting that the benefit or access provided must be “meaningful.” See, e.g., D.B. v. Esposito, 675 F.3d 26, 34 (1st Cir. 2012);
I look forward to closely following this case as it will likely have important implications for children with special education needs in Massachusetts and throughout the country.