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Unanimous Supreme Court Expands Scope of Special Education Rights

Posted on Thursday, March 23rd, 2017 by Collaborative for Educational Services

Source: Mark Walsh, Education Week
Date: 3/22/2017
Link: Complete Article

The U.S. Supreme Court on Wednesday issued a major decision expanding the scope of students’ special education rights, ruling unanimously that schools must do more than provide a “merely more than de minimis” education program to a student with a disability.

In Endrew F. v. Douglas County School District, the high court rejected the “merely more than de minimis” standard set by the U.S. Court of Appeals for the 10th Circuit, in Denver. That language was also used in an opinion in another special education case by Judge Neil M. Gorsuch, President Donald Trump’s nominee for the Supreme Court.

Gorsuch has already faced criticism for his own ruling reflecting the “merely more than de minimis” standard, and he was questioned by the Senate Judiciary Committee about the Supreme Court’s ruling before the morning ended.

Chief Justice John G. Roberts Jr. wrote the opinion for the eight-member court, and he delivered much of it from the bench Wednesday morning.

“When all is said and done, a student offered an educational program providing ‘merely more than de minimis’ progress from year to year can hardly be said to have been offered an education at all,” Roberts said.

Continue Reading at Education Week

Filed Under: National News Tagged With: Special Education Rights, Supreme Courts

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