Need to Know News: Endrew F. v. Douglas County School District

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By: Warren Laidler

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Rethink Commends the Recent Special Education Decisions to Promote Quality Services and Supports.

Last week a unanimous decision was handed down by the court providing increased opportunities for students with disabilities. In Endrew F. v. Douglas County School District, the U.S. Supreme Court ruled in favor of a higher standard of education for children with disabilities. Chief Justice Robert’s written opinion contained strong words:

“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 wrote. “For children with disabilities, receiving instruction that aims so low would be tantamount to ‘sitting idly . . . awaiting the time when they were old enough to “drop out.” ’ ”

In Texas there has been significant discussion around the so-called cap that implied that Texas schools should maintain an 8.5% or below qualification for special education. Given that the national average is approximately 13% this low eligibility cap is problematic. Earlier this month it was announced that this arbitrary cap is being removed.

Since its inception, Rethink has been committed to the assumption that with effective, evidence-based instruction children with disabilities can make progress and achieve their highest potential. It is with great positivity that we now have the Supreme Court demonstrating this shared belief and Texas making a commitment to serve all students in need of special education services and supports.

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