In a significant ruling on March 17, the Supreme Court unanimously advocated for elevated educational standards for students with disabilities, marking a pivotal moment in education law. The case, Endrew F. v. Douglas County School District, scrutinized the extent of educational benefits that public schools must deliver. While some lower courts had determined that a “meaningful” educational benefit was necessary, others accepted a standard that was merely a slight improvement over the minimal requirements.
During the proceedings, the Court examined nine different educational standards and concluded (8-0) that schools are obligated to provide more than just “more than de minimis” education. They emphasized that students with disabilities should be given opportunities for “appropriately ambitious” progress.
Approximately 6.4 million students with disabilities, aged 3 to 21, represent about 13% of all American students, making this ruling crucial for a vast demographic. Chief Justice John Roberts articulated in the Court’s opinion that educational programs must be “reasonably calculated” to meet the individual needs of each child in accordance with the Individuals with Disabilities Education Act (IDEA). He asserted, “It cannot be right that the IDEA generally contemplates grade-level advancement for children with disabilities who are fully integrated in the regular classroom, but is satisfied with barely more than de minimis progress for children who are not.”
The phrase “merely more than de minimis” had been previously used in lower court cases, including those presided over by Judge Neil Gorsuch, President Biden’s nominee for the Supreme Court. Gorsuch addressed questions regarding the new ruling during his Senate Judiciary Committee hearing.
The Judge David L. Bazelon Center for Mental Health Law, a national advocacy group championing the rights of individuals with mental disabilities, frequently pushes for equitable educational opportunities for students with disabilities. Before the ruling, Ira Burnim, the Bazelon Center’s legal director, expressed hope that the Supreme Court would recognize that a suitable education for students with disabilities should align with the expectations set for all students.
Each year, nearly 400,000 students with disabilities exit the school system, with nearly 40% doing so without receiving a high school diploma. Only 65% of these students finish high school, which significantly contributes to the staggering statistic that just one in three Americans with disabilities are employed, often leading to a life of poverty. This situation also increases the financial burden on government assistance programs and raises the risk of individuals becoming trapped in the school-to-prison pipeline. Currently, over 750,000 individuals with disabilities are incarcerated in the U.S., many of whom struggle with illiteracy.
Jennifer Hartman, president of Opportunity Now, a nonprofit dedicated to combating stigmas and fostering opportunities for people with disabilities, expressed her elation regarding the decision. “The education system for students with disabilities is often inadequate. Our family had to relocate to access a quality public school that prioritizes students with disabilities, but not every family has that option. Every child deserves the education and skills necessary for success. This Supreme Court ruling could pave the way for students with disabilities to thrive, just like their peers.”
In 1975, Congress enacted federal legislation mandating that school districts provide a “free appropriate public education” for children with disabilities, which includes individualized education plans (IEPs). This law was later renamed IDEA in 1990. Unfortunately, IDEA has never received full funding, leaving many school districts struggling to comply.
The case of Endrew F. (Drew), a child with autism who was not making sufficient progress in his public school, led his parents to enroll him in a private institution where he excelled. Under IDEA, parents are entitled to tuition reimbursement if their child does not receive an adequate educational benefit from public schooling. Drew’s parents were denied this reimbursement, prompting the legal battle.
The U.S. Court of Appeals for the Tenth Circuit ruled that the school district was only required to provide Drew with an education that offered him a “benefit” that was “merely more than de minimis.” The Supreme Court, however, sided with Drew’s parents in rejecting this interpretation.
In the Supreme Court, the Bazelon Center and the law firm Kellogg Huber Hansen submitted an amicus brief on behalf of six former U.S. Department of Education officials involved in implementing IDEA. This brief highlighted that most students with disabilities can perform comparably to their peers given appropriate educational practices. These advancements have been the foundation of legislative changes to IDEA in 1997 and 2004, ensuring public schools deliver individualized instruction and supportive services to help students meet the same grade-level standards as their peers.
“This decision is not only good news for families but also for employers and taxpayers,” Hartman noted. “When individuals with disabilities receive the education they need, they can contribute unique perspectives and talents to the workforce. Many successful individuals, such as CEO Charles Schwab and entrepreneur Richard Branson, have disabilities and have thrived in their respective fields. Companies like Google and Walgreens have discovered the value of hiring individuals with disabilities, making it a strategic move for talent acquisition.”
Furthermore, invisible disabilities significantly affect many individuals, with one in five people experiencing brain-based learning and attention challenges such as dyslexia and ADHD. Unfortunately, many face early academic setbacks that can lead to a lifetime of struggle.
Individuals with disabilities remain underrepresented in higher education. In 2014, only 16.4% of those aged 25 and older with disabilities had completed at least a bachelor’s degree, compared to 34.6% of their non-disabled peers.
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In summary, the Supreme Court’s ruling in favor of enhanced educational standards for students with disabilities represents a monumental step toward ensuring equitable education. By mandating that schools provide more than just minimal benefits, this decision opens doors for countless students, allowing them to achieve their potential and contribute meaningfully to society.