By: Brittany Flaherty Theis

Both the United States Supreme Court and the Illinois Supreme Court issued opinions in highly anticipated cases this week.

The United Stated Supreme Court, in Endrew F. v. Douglas County School District, issued an opinion clarifying and expanding on its prior decision in a highly cited case regarding the Individuals with Disabilities Education Act (the “IDEA”), Board of Education of Hendrick Hudson Central School District, Westchester County v. Rowley (“Rowley”), 458 U.S. 176 (1982). The Supreme Court held that, to “meet its substantive obligation under the IDEA, a school must offer an IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” The Supreme Court stated that “this standard is markedly more demanding than the ‘merely more than de minimis’ test” applied by the lower courts in this case. The Supreme Court reiterated that its general standard, as opposed to a bright-line rule, should not be interpreted by courts as an invitation to substitute their notions of sound educational policy for those of school authorities – so long as the deference to school authorities is based upon the application of their expertise and the exercise of judgment, which the record before a court should bring to light.

Whitt Law’s News & Knowledge Blog will post a thorough review of the Supreme Court’s opinion soon. Please check back to learn more about the Supreme Court’s guidance regarding special education and related services.

If you have any questions regarding the United States Supreme Court’s opinion in this case, or need legal assistance with a special education matter, please contact Whitt Law Attorney Brittany Flaherty Theis.

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