Making a Reasonable Calculation: A Strategic Amendment to the IDEA

Business Strategy ◽

Swot Analysis ◽

External Threats ◽

The Supreme Court ◽

City School District ◽

Education Act ◽

Recent Evaluation

The Individuals with Disabilities Education Act (IDEA) lays out a powerful set of protections and procedural safeguards for students with disabilities in public schools. Nevertheless, there is a persistent debate as to how far schools must go to fulfill their mandate under the IDEA. The Supreme Court recently addressed this question with its decision in Endrew F. v. Douglas City School District Re-1, holding that an educational program for a student with a disability must be “reasonably calculated” to enable a child’s progress in light of their circumstances. Currently, the Act’s statutory language mandates Individual Education Program (IEP) teams to consider a variety of factors including “the strengths of each child,” “the concerns of the parents,” “the results of the . . . most recent evaluation of the child,” and “the academic, developmental, and functional needs of the child.”1 This Note proposes an amendment to the IDEA, inspired by the Strengths, Weaknesses, Opportunities, and Threats (SWOT) analysis framework used in business strategy, that adds external “threats” to this list of factors. This amendment will help parents, advocates, and schools better understand the Endrew F. standard and implement it with fidelity to the IDEA’s broad mandate.

The Supreme Court, Endrew, and the Appropriate Education of Students With Disabilities

Council review ◽

10.1177/0014402917734150 ◽

2017 ◽

Vol 84 (2) ◽

pp. 124-140 ◽

Cited By ~ 10

Author(s):

H. Rutherford Turnbull ◽

Ann P. Turnbull ◽

David H. Cooper

Keyword(s):

School District ◽

Board Of Education ◽

The Supreme Court ◽

Education Act ◽

Education Decision ◽

Education Of Students ◽

Appropriate Education ◽

Decision Board

In this article, we analyze the Supreme Court’s decision in Endrew F. v. Douglas County School District RE-1 (2017), interpreting the Individuals with Disabilities Education Act (IDEA) and its provisions creating a right of every student with a disability to have an appropriate education. We compare the Endrew decision with IDEA and the Court’s previous appropriate education decision, Board of Education of the Hendrick Hudson Central School District v. Rowley (1982), on four key concepts: educational program, reasonably calculated, progress, and child’s circumstances. We discuss the case’s implications for systems capacity development and interpret Endrew as a narrative about students’ ethical claim to dignity.

Under the Law

Phi Delta Kappan ◽

10.1177/0031721717739602 ◽

2017 ◽

Vol 99 (3) ◽

pp. 76-77

Author(s):

Julie Underwood

Keyword(s):

Public Schools ◽

Private Schools ◽

Due Process ◽

Court Decision ◽

Federal Regulations ◽

State Law ◽

Individuals With Disabilities ◽

Since a 1997 amendment to the Individuals with Disabilities Education Act, students with disabilities who attend private schools have not had the same rights to services and due process that are afforded to those who attend public schools. However, as a recent Minnesota court decision makes clear, state law may grant rights that the federal regulations do not.

Endrew F. v. Douglas County School District (2017): The U.S. Supreme Court and Special Education

Intervention in School and Clinic ◽

10.1177/1053451217736867 ◽

2017 ◽

Vol 53 (5) ◽

pp. 321-324 ◽

Cited By ~ 3

Author(s):

Angela M. T. Prince ◽

Mitchell L. Yell ◽

Antonis Katsiyannis

Keyword(s):

Special Education ◽

Public Schools ◽

Public Education ◽

School District ◽

Supreme Court ◽

Free Appropriate Public Education ◽

Education Act ◽

The U.S

On March 22, 2017, the U.S. Supreme Court announced its decision in Endrew F. v. Douglas County School District. This case addressed the question how much educational benefit are public schools required to provide to students with disabilities under the Individuals With Disabilities Education Act (IDEA) to confer a free appropriate public education (FAPE). The purpose of this legal update is to provide a brief overview of court developments regarding FAPE, summarize Endrew, and provide implications for practice.

A good school is good for students of all abilities

Phi Delta Kappan ◽

10.1177/0031721720970695 ◽

2020 ◽

Vol 102 (3) ◽

pp. 18-22

Author(s):

Lauren Morando Rhim

Keyword(s):

Public Schools ◽

Learning Needs ◽

School Year ◽

Good School ◽

Good For ◽

Education Act ◽

Effective Inclusion ◽

Good Schools

A school cannot be “good” unless it is good for all students — including those with disabilities. In the 2018-19 school year, 14% of students in U.S. public schools received special education services under the Individuals with Disabilities Education Act, yet effective inclusion of students with disabilities is too often an afterthought. Lauren Morando Rhim describes how good schools recognize and embrace the unique learning needs of students with disabilities, creating an environment in which all students can thrive.

Introduction to the Special Issue: Successful Inclusion for Students With Disabilities Who Are Learning English

Intervention in School and Clinic ◽

10.1177/1053451218762580 ◽

2018 ◽

Vol 54 (1) ◽

pp. 3-5

Author(s):

Tracy G. Spies ◽

Gregory A. Cheatham

Keyword(s):

Public Schools ◽

Inclusive Practices ◽

Special Issue ◽

General Curriculum ◽

Education Act ◽

Restrictive Environment ◽

Education Of Students ◽

Learning English

Students who are learning English is one of the fastest growing groups of students in U.S. public schools. Evidence suggests that students learning English are often placed in segregated special education classrooms seemingly contradicting the Individuals With Disabilities Education Act mandate for the education of students with disabilities to occur within the least restrictive environment including modifications and adaptations to the general curriculum. Successful inclusive practices for students with disabilities who are learning English highlight and build on the cultural, academic, and linguistic strengths students bring to the classroom. This special issue features a variety of articles focused on collaborative, inclusive practices that build on the cultural, academic, and linguistic strengths of students with disabilities who are learning English. The issue focuses on two themes: (a) instruction and support and (b) collaboration and partnerships.

Endrew and FAPE: Concepts and Implications for All Students With Disabilities

Behavior Modification ◽

10.1177/0145445519832990 ◽

2019 ◽

Vol 45 (1) ◽

pp. 177-198 ◽

Cited By ~ 3

Author(s):

James M. Kauffman ◽

Andrew L. Wiley ◽

Jason C. Travers ◽

Jeanmarie Badar ◽

Dimitris Anastasiou

Keyword(s):

General Education ◽

The United States ◽

Autism Spectrum ◽

Persons With Disabilities ◽

The Supreme Court ◽

School Day ◽

The opinion of the Supreme Court of the United States in the Endrew case has implications for the education of all students with disabilities. Implications for several categories of disability are discussed: those with autism spectrum disorder and those with disabilities often considered high incidence, particularly those placed for a significant portion of their school day in general education. The aspects of the Individuals with Disabilities Education Act most relevant to the Endrew case are also compared with Article 24 of the United Nations’s Convention on the Rights of Persons with Disabilities. The opinion in Endrew may affect the course of special education and the role of behavior modification in meeting the needs of all students with disabilities.

Differentiation for Special Needs Learners

Teaching Children Mathematics ◽

10.5951/tcm.11.3.0158 ◽

2004 ◽

Vol 11 (3) ◽

pp. 158-167

Author(s):

Lou Lovin ◽

Maggie Kyger ◽

David Allsopp

Keyword(s):

Public Schools ◽

Reading Skills ◽

Great Difficulty ◽

Attention Problems ◽

Learning Needs ◽

Mathematics Classrooms ◽

Wide Range ◽

With the advent of legislation such as the current Individuals with Disabilities Education Act (IDEA), the inclusion of students with disabilities in schools has steadily increased. More recently, the level of language and cultural diversity represented in public schools has also increased. Consequently, today's classrooms include students with a wide range of learning needs. For example, Carlos has a language-based learning problem, Ben struggles with attention problems, Maria's weak reading skills interfere with her learning in all areas, and Jason has superior cognitive ability but great difficulty with mathematics. Classrooms rich in diversity most decidedly do exist—classrooms that give all students opportunities to learn about differences and abilities and about how to celebrate individuality while building communities. They can be wonderful learning environments for our children.

Serving Children with Disabilities in Private and Parochial Schools

Remedial and Special Education ◽

10.1177/074193259801900504 ◽

1998 ◽

Vol 19 (5) ◽

pp. 285-290 ◽

Cited By ~ 1

Author(s):

Antonis Katsiyannis ◽

John W. Maag

Keyword(s):

Public Schools ◽

Children With Disabilities ◽

Department Of Education ◽

Parochial Schools ◽

Courts Of Appeals ◽

Roles And Responsibilities ◽

Child Find ◽

Although the Individuals with Disabilities Education Act of 1990 (IDEA), legal precedence, and the U.S. Department of Education interpretations indicate that public schools must provide the opportunity for “equitable participation” for students with disabilities attending private schools, the nature, extent, and location for service delivery are still debated. The purpose of this article was to examine the roles and responsibilities of public schools in providing services to children with disabilities placed in private and parochial schools within the legal parameters of IDEA. Public schools appear to have considerable flexibility in providing on-site services using IDEA funds as long as they are within parameters set forth by rulings of three courts of appeals, although categorical denial of services is prohibited. Furthermore, according to the 1997 IDEA amendments. Child Find activities must include private and parochial schools.

Status of Inclusive Educational Placement for Students With Extensive and Pervasive Support Needs

Inclusion ◽

10.1352/2326-6988.5.2.83 ◽

2017 ◽

Vol 5 (2) ◽

pp. 83-93 ◽

Cited By ~ 5

Author(s):

Mary E. Morningstar ◽

Jennifer A. Kurth

Keyword(s):

General Education ◽

Past Research ◽

Support Needs ◽

Educational Placement ◽

General Education Curriculum ◽

Policies And Procedures ◽

Education Act ◽

Restrictive Environment

Abstract Reauthorization of the Individuals with Disabilities Education Act (IDEA) in 2004 established procedural mandates and accountability requirements ensuring all students with disabilities participate and progress in general education curriculum. Broadly speaking, improvements toward greater access have been found for many students with disabilities; however, the extent to which this holds true for students with extensive and pervasive support needs is not evident. Past research associated with least restrictive environment (LRE) for students with extensive and pervasive support needs was considered when replicating previous research using the cumulative placement rate to analyze LRE data for students with extensive and pervasive support needs (autism, intellectual disability, deaf blindness, and multiple disabilities). Results indicate that student with extensive and pervasive support needs have substantially less positive LRE placement trends over the past 15 years with most placed in separate classrooms and settings. Recommendations for transforming federal and state policies and procedures are shared.

Handbook of Research on Classroom Diversity and Inclusive Education Practice - Advances in Educational Technologies and Instructional Design ◽

The Foundation of Inclusion in Federal Legislation and Litigation

10.4018/978-1-5225-2520-2.ch002 ◽

2017 ◽

pp. 27-52 ◽

Cited By ~ 2

Author(s):

Mitchell L. Yell ◽

Christine A. Christle

Keyword(s):

Least Restrictive Environment ◽

Team Members ◽

Student Placement ◽

Placement Decisions ◽

Federal Mandate ◽

Education Act ◽

Restrictive Environment ◽

Historical Antecedents

The foundation of inclusion in special education law is the least restrictive environment (LRE) mandate of the Individuals with Disabilities Education Act. This federal mandate requires that all students with disabilities receive their education with students without disabilities to the maximum extent appropriate. Our purpose in this chapter is to examine the legal basis of inclusion. We first review the historical antecedents of inclusion. Second, we examine the LRE mandate and the student placement requirements of the IDEA. Third, we survey the most important case law rulings regarding LRE and the placement of students with disabilities. Fourth, we consider strategies that have been used to promote inclusive placements and briefly review the literature on these strategies. We end this chapter by offering principles to guide IEP team members in making educationally beneficial and legally correct placement decisions for students with disabilities.