Last month, the U.S. Supreme Court heard oral arguments in a case that could affect the education of millions of students with disabilities, and the public schools that provide services to these students. In the case of Endrew F. v. Douglas County School District RE-1, the Court must decide what level of educational benefit school districts must confer on children with disabilities to provide them with the free appropriate public education (FAPE) guaranteed by the Individuals with Disabilities Education Act (IDEA). 2016 U.S. LEXIS 4467, 137 S. Ct. 29 (U.S. 2016). FAPE is one of the cornerstones of the IDEA. Therefore, the outcome of this case could signal a pivotal change in the field of special education.
Currently, the IDEA requires special education and related services to be "reasonably calculated to enable the child to receive educational benefits." Bd. of Educ. v. Rowley, 458 U.S. 176, 207, 102 S. Ct. 3034, 3051, 73 L. Ed. 2d 690, 712, 1982 U.S. LEXIS 10, *51 (U.S. 1982). However, the circuit courts are currently split on how much of an educational benefit a school district must offer in order to meet this obligation pursuant to the IDEA.
The Second Circuit, which includes New York in its jurisdiction, represents the majority view among the circuit courts and has traditionally found that "a school district fulfills its substantive obligations under the IDEA if it provides an IEP [individualized education plan] that is likely to produce progress, not regression, and if the IEP affords the student with an opportunity greater than mere trivial advancement…school districts are not required to furnish every special service necessary to maximize each handicapped child’s potential." T.P. v. Mamaroneck Union Free Sch. Dist., 554 F.3d 247, 254, 2009 U.S. App. LEXIS 1948, *16 (2d Cir. N.Y. 2009). Likewise, the Tenth Circuit has largely followed the same reasoning as the Second Circuit and other circuits by finding that "the benefit conferred by the IDEA…must be more than de minimis." Urban by Urban v. Jefferson County Sch. Dist. R-1, 89 F.3d 720, 726-727 (10th Cir. Colo. 1996).
However, the Third Circuit has broken ranks and substantially raised the bar for the services that school districts must provide. The Third Circuit has determined that the IDEA, "requires a satisfactory IEP to provide significant learning and confer meaningful benefit." Ridgewood Bd. of Educ. v. N.E. for M.E., 172 F.3d 238, 247, 1999 U.S. App. LEXIS 5751, *17 (3d Cir. N.J....
