Endrew F. In Action

It’s been almost a year since the U.S. Supreme Court (SCOTUS) ruled schools must be held to a “markedly more demanding” standard when educating students with disabilities. The case of Endrew F. (Drew) vs. Douglas County is the disability community’s Brown vs. Board of Education. It should have a far reaching impact on America’s 6.5 million students with disabilities.

With IEP season in full swing, the question is: are parents using this case to advocate for higher expectations for their child with a disability?  

With most students’ annual IEP meetings coming up this spring, there are some easy ways to incorporate this important SCOTUS decision into your child’s IEP meeting to ensure they’re getting a meaningful education. Below are some quotes you can use at the IEP table, to get what your child needs.

There is worry from some disability advocates that Endrew F. will be used against students with the most significant disabilities, especially when it comes to the “least restrictive environment clause” of IDEA. In fact, two court cases are advancing to the Ninth and Sixth Circuit Court of Appeals about this very topic. The questions in these cases: How will the courts interpret Endrew F. for students with intellectual disabilities? Can these students only receive “more meaningful benefit” in a self-contained class? Read how the school boards are using Endrew F. against the students in these cases in the related post link below.

Read Related Post: How School Boards are Using Endrew F. Against Students with Down Syndrome

Right now, you can prevent your child’s district from using Endrew F. to segregate your child by using the SCOTUS language in favor of protecting parent IDEA rights. Two quotes in particular could help:

• This new standard requires a “prospective judgment by school officials” that “will be informed not only by the expertise of school officials, but also by the input of the child’s parents and guardians”
• School authorities should offer a “cogent and responsive explanation” for their decisions

Use 3 magic words to get a “cogent and responsive explanation” for school’s decisions you don’t agree with: Prior Written Notice. Schools are required by federal law to give you Prior Written Notice to explain any decision they make. SCOTUS says this explanation needs to be “cogent” and “responsive,” and it’s important because it creates a paper trail if problems persist.  Read more below.

Read Related Post: 3 Words That Will Transform Your Next IEP Meeting

There are already some great resources out there to help you use Endrew F. at your child’s next IEP meeting. I especially love Understood’s easy to fill-in worksheet that relates Endrew F. to what your child’s IEP says. You can find it here.

How do you plan to use Endrew F. at your child’s next IEP meeting? Are you worried about your child’s district using Endrew F. against your child with a disability? Tell me what you think below.