Special Education

Level of Benefits at Issue in Special Ed. Case

By Christina A. Samuels — October 11, 2016 5 min read
  • Save to favorites
  • Print

Just how much benefit must a student receive through special education to meet the goals of the key federal law?

Four decades after the passage of what was to become the Individuals with Disabilities Education Act, the U.S. Supreme Court plans to take up that question in Endrew F. v. Douglas County School District.

Experts in special education law say the court’s decision could mean as much to educators as the landmark case Rowley v. Hendrick Hudson Central School District, which in 1982 defined the central question of special education law: What is a “free, appropriate public education?”

Endrew F. “potentially will be as important as Rowley to shape what we do in special education for years to come,” said Antonis Katsiyannis, the president of the Council for Exceptional Children and a professor at Clemson University with a focus on special education law. "[It’s] very exciting to have the Supreme Court addressing the meaning of [free, appropriate education] again.”

‘Meaningful’ vs. ‘Some’

In Rowley, the Supreme Court said that the IDEA requires instruction that is “reasonably calculated to enable the child to receive educational benefit.” The court intentionally declined to say just how much benefit would be adequate. "[C]ourts must be careful to avoid imposing their view of preferable educational methods upon the states,” Chief Justice William Rehnquist wrote for the six-justice majority.

But lower courts have grappled with that question and come up with different terms. Should the educational benefit to students be “meaningful”? Are schools required to offer just “some” benefit? Or can the standard be met if educational benefits are little more than trivial?

That’s the question that the newer case is intended to answer.

Endrew, called “Drew” in court briefs, is now a 17-year-old student with autism living in suburban Denver. In 2010, his parents pulled him out of the 66,000-student Douglas County district because they said he wasn’t making any meaningful educational progress in public school. The parents argued that the district should be required to pay for Drew’s private school tuition.

An administrative-law judge, a federal district judge, and the 10th Circuit Court of Appeals all decided against the parents. The appeals-court ruling in August 2015 said that Drew was gaining “some” educational benefit from his individualized education program. Referring to an earlier case in the same circuit, the court also said the IDEA requires that special education only offer a more than “de minimis,” or trivial, benefit.

While the parents lost at the lower-court levels, they gained a powerful supporter when they appealed to the Supreme Court—the federal government.

“No parent or educator in America would say that a child has received an ‘appropriate’ or a ‘specially suitable’ or ‘proper’ education ‘in the circumstances’ when all the child has received are benefits that are barely more than trivial,” wrote the U.S. solicitor general’s office, urging the Supreme Court to take the case. “That is particularly true when a child is capable of achieving much more.”

The 10th Circuit Court is among several that have said educational benefits under special education need be only more than trivial, the solicitor general’s brief said. Other circuits, however, have stated that educational benefits must be “meaningful,” a more robust standard. That is a disagreement that only the U.S. Supreme Court can resolve, the solicitor general’s brief says.

Setting a Standard

Paula Hans, a spokeswoman for the Douglas County district, said in a statement that “it would be inappropriate to discuss the specifics of the case while it is still being litigated, but the court’s decision is not a decision on the merits, and we look forward to addressing the issues before the court.”

Ronald Wenkart, the general counsel for the Orange County education department in California, explored those differing circuit-court standards in a 2009 article for West’s Education Law Reporter. Some circuits have at times used both “meaningful educational benefit” and “some educational benefit,” his paper says, leaving even the judges in those circuits questioning the ambiguity.

The impact of the high court’s decision could rest on how broadly the justices decide to interpret the question, Wenkart said in an interview.

“They could set a standard and explain what the standard is,” Wenkart said, a move that he believes would lead to more harmonious meetings between parents and school officials. Conflicts over educational progress currently arise all the time, he said.

“This actually might be better for the courts to decide. Congress could add to the law, but that’s probably going to be a huge political fight. I don’t know if Congress could actually agree,” Wenkart said.

Having the Conversation

Kathleen Sullivan, the chief counsel for the Colorado Association of School Boards, agrees that the case is significant, because there are only a “handful of Supreme Court cases interpreting the law.” However, Sullivan said she doesn’t see the conflict among the circuits that the parents have alleged.

“School districts across the country really talk about providing a free, appropriate public education to students with disabilities and do not talk about there being a higher or lower standard in certain jurisdictions,” she said.

She also noted that Congress has amended the special education law several times since Rowley was decided in 1982. “If Congress wanted to tell the Supreme Court that it was wrong in Rowley, Congress knows how to do so, and it hasn’t,” she said.

Jack D. Robinson, the lawyer representing the parents, said he has two objectives in the suit: first, to convince the high court that the IDEA requires more than trivial educational progress; and second, “to articulate a coherent standard to the Supreme Court for them to adopt and flesh out and for the nation to apply.”

“What are we investing these millions and millions of dollars on? Are we serving the purpose of the IDEA by requiring some meaningful benefit in light of the child’s potential?” Robinson asked. “It’s important, regardless of the outcome, to have this conversation.”

A version of this article appeared in the October 12, 2016 edition of Education Week as Court to Weigh Level of Benefits for Special Ed. Students

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
The Principal's Role in Collective Efficacy and Student Outcomes
Learn practical strategies that help principals translate their confidence into stronger collective teacher efficacy and student outcomes.
Content provided by Otus
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Education Funding Webinar
What Schools Need to Know About the Federal Education Freedom Tax Credit
What schools need to know about the federal Education Freedom Tax Credit: A practical guide from a licensed teacher and policy expert.
Content provided by LearningSpring
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
Building Your School Safety Roadmap: Key Priorities for the Upcoming Year
What should be on your school's safety roadmap this year? Join experts to discuss priorities, preparedness, and best practices.
Content provided by Evolv Technology & IdentiSys

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Special Education Spotlight Beyond the Diagnosis: Helping Students With Dyslexia Thrive
Explore what educators need to know about dyslexia—and how the right support can help students build confidence and thrive.
Special Education New Federal Guidance Could Roll Back Special Ed. Transition Services
New DOJ guidance threatens high school transition programs meant to help disabled students live independently.
3 min read
Lois Curtis, left, addresses a group at the state Capitol in Hartford, Conn., to observe the 10th anniversary of a U.S. Supreme Court ruling that qualified patients have the right to receive community-based care rather than to be institutionalized. Curtis was one of the to plaintiffs in the suit, Olmstead v. L.C. and E.W.
Lois Curtis, left, addresses a group at the Connecticut state Capitol in 2009 to mark the 10th anniversary of <i>Olmstead</i> v. <i>L.C.</i>, a U.S. Supreme Court ruling stemming from a lawsuit in which she was a lead plaintiff that established qualified patients' right to community-based care over institutionalization. In June, the U.S. Department of Justice stated it “will not rely upon the <i>Olmstead</i> Guidance in its enforcement” of the Americans with Disabilities Act, a move that advocates fear could upend transition planning for K-12 students who have disabilities.
Bob Child/AP
Special Education Opinion Disability Studies Is a Rich Discipline That Builds Empathy. How to Teach It
A more inclusive world starts with teaching all students the long history of disability rights.
Brittany R. Collins
•
5 min read
A classroom image with aspects of the struggles of disability rights woven through it.
Vanessa Solis/Education Week + Getty
Special Education How Teachers Feel About Adapting Instruction for Students With Disabilities
Both general and special education teachers need more time and support to build confidence in differentiating instruction.
3 min read
Jessica DiMaggio, an education for students with disabilities paraprofessional, watches a Structured Academics and Interpersonal Learning or SAIL student put the tips of his index fingers together at Watkins Elementary on Nov. 4, 2025 , in Wylie, Texas.
Jessica DiMaggio, an education for students with disabilities paraprofessional, watches a Structured Academics and Interpersonal Learning or SAIL student put the tips of his index fingers together at Watkins Elementary on Nov. 4, 2025 , in Wylie, Texas. Most teachers don't feel confident in their ability to adapt instruction to differentiate instruction to meet the needs of students with learning disabilities, according to a new survey by the National Center for Learning Disabilities and West Ed.
Angela Piazza/The Dallas Morning News via TNS