The Supreme Court Rules In Favor Of A Special Education Student

The Supreme Court Rules In Favor Of A Special Education Student

The Supreme Court Rules In Favor Of A Special Education Student

Endrew F. v. Douglas County School District centered around the responsibilities of public schools under the federal Individuals With Disabilities Education Act (IDEA), which guarantees students with disabilities have the right to a "free and appropriate public education".

In that case, the parents of Luke, another student with autism, also sued their son's public school for allegedly violating IDEA, claiming they were forced to put their child in private school when he showed little progress in a public classroom. Instead, Justice Roberts, writing for a unanimous court, concluded that compliance with IDEA requires schools to "offer an IEP reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances".

The Supreme Court on Wednesday unanimously raised the bar for the educational benefits owed to millions of children with disabilities in one of the most significant special-education cases to reach the high court in decades.

Senate Democrats on Wednesday seized on what, for nominee Neil Gorsuch, was an ill-timed ruling from the Supreme Court - a unanimous decision that ended up tossing a legal standard set by Gorsuch almost a decade ago.

Gorsuch acknowledged that the Supreme Court's new holding means his 10th Circuit ruling, which he pointed out was unanimous, is wrong.

"Respectfully, none of you speaks for me", Gorsuch said.

Blumenthal asked Gorsuch, a judge on the Colorado-based 10t Circuit Court of Appeals, to give his personal views on about a half dozen landmark Supreme Court decisions, one by one.

Gorsuch's confirmation hearing began Monday, and tensions over his replacement of Garland flared. Sen. That standard was set in a 1996 decision, which said that services have to be "more than de minimus" or, in other words, result in at least minimal progress by the student.

Tuesday's hearing doesn't mark the only time Gorsuch, who would fill a Supreme Court seat left empty by former Supreme Court justice Antonin Scalia, has been asked about his stance on Roe.

A Federal District Court later ruled in favor of the school district; the Tenth Circuit Court of Appeals affirmed that decision.

The Supreme Court decision Wednesday didn't directly deal with that 2008 case but gutted the standard Gorsuch set. The court struck down a lower standard endorsed by Neil Gorsuch - the President's current nominee to the high court. His parents believed him to be making inadequate progress, and, in the fifth grade, placed him in a private school.

"To suggest I have some animus against children, senator, would be a mistake", he said.

The case before the Supreme Court involves Endrew F., a Colorado boy who was diagnosed with autism at age 2.

Franken wasn't the only senator to grill Gorsuch over the dissent - Dianne Feinstein of California and Dick Durbin of IL also repeatedly questioned him on his ruling. Gorsuch was not part of the panel that decided that case. "I've written decisions against the families in these cases".

Jensen said the state would continue to monitor how the ruling shakes out, but underscored students with disabilities are best served when parents, teachers and other officials work together.

Senate Minority Leader Charles Schumer, D-N.Y., criticized Gorsuch's testimony as "pitifully short on substance" in a series of tweets.

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