The Endrew F. Decision and the Future of IEPs and FAPE

Abstract

This chapter describes possible effects of the 2017 Endrew F. Supreme Court decision that raised the de minimus standard established in 1982 in Board of Education of the Hendrick Hudson School District v. Rowley. In Rowley, the court held school districts provided an appropriate education to students with disabilities by demonstrating that students' Individualized Education Programs (IEPs) are reasonably calculated to provide some educational benefit. In contrast, the Endrew F. decision requires IEPs to be reasonably calculated to provide progress that is appropriately ambitious in light of the child's circumstances. The implications of Endrew F. in the IEP process are delineated, including the importance of meaningful parent involvement; relevant and current statements of present levels of performance; challenging; ambitious and measurable goals; and frequent, systematic progress monitoring used to inform effective instructional changes that maximize student progress toward IEP goals. Finally, the authors discuss ways that Endrew F. may affect future litigation and that school districts may prepare to avoid possible litigation in the post-Endrew era.

Citation

Chovanes, J., Papalia, A.O., Bateman, D.F. and Yell, M. (2021), "The Endrew F. Decision and the Future of IEPs and FAPE", Cook, B.G., Tankersley, M. and Landrum, T.J. (Ed.) The Next Big Thing in Learning and Behavioral Disabilities (Advances in Learning and Behavioral Disabilities, Vol. 31), Emerald Publishing Limited, Leeds, pp. 9-28. https://doi.org/10.1108/S0735-004X20210000031002