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An article in Education Week takes a look at the impact of the Endrew F decision a year after it was decided. The article notes that the results of cases hasn't changed much- school districts still generally win. The article notes that the high rate of settlements in special education cases muddies the analysis. {I have been making this point for some time...} You can read the Education Week article here. Also note this very cool cartoon of the Endrew F oral argument from the article:

The federal Office of Special Education Programs issued regulatory guidance today on the meaning and implications of the Endrew F decision by SCOTUS. The document is in question and answer format. There are twenty questions and answers. {Suggestion for new name: 20 Questions About Endrew!} To whet your appetite, here are two of my favorites: 15. What actions should IEP Teams take if a child is not making progress at the level the IEP Team expected? An IEP is not a guarantee of a specific educational or functional result for a child with a disability. However, the IDEA does provide for revisiting the IEP if the expected progress is not occurring. This is particularly important because of the Court’s decision in Endrew F., which clarifies that the standard for determining whether an IEP is sufficient to provide FAPE is whether the child is offered an IEP reasonably calculated to enable the child to make progress that is appropriate in light of the child’s circumstances. At least once a ...

First of all thank you to all of you who participated in my presentation on the Endrew F decision  by the Supreme Court sponsored by the National Conference of the Administrative Law Judiciary. I was amazed that registration had to be closed when 150 people signed up. Unfortunately there were some technical issues with the presentation. Some of you told me that you were able to hear the entire  presentation hindered only by some static once I turned up my volume. Others had more difficulties. Sorry about that. As my nephew says "technology is great- except when it isn't." In any event, I enjoyed the session and all of the great questions that you sent in. It was fun discussing the future of the meaning of FAPE! Thanks.

My presentation on the Supreme Court decision in Endrew F is tomorrow from 1 - 3 pm Eastern Time. Please note that they have converted the session to telephone only- no skype. I look forward to connecting with some of you. The presentation is free, but you need to register. See the flyer below for details.  The Endrew F Decision: SCOTUS Clarifies the FAPE Standard Thursday, November 16, 2017 1:00—3:00 pm Eastern In this interactive session, Jim Gerl will discuss and analyze the Endrew F decision, an important ruling by the Supreme Court that clarifies the FAPE standard for special education cases. Decisions by circuit courts of appeal applying the new standard will also be covered. This program is complimentary, but advanced registration is required. Jim Gerl is a lawyer, a hearing officer, a mediator, a blogger, and a trainer of hearing officers and mediators.  Since 1979, he has been a hearing officer, hearing examiner or administrative law judge for numerous agencies, prim...

Next Thursday November 16, 2017 from 1 -3 pm ET, I will be presenting a webinar on the Endrew F decision by the Supreme Court. The webinar is free but you have to register. Here's a link to register.   The Endrew F Decision: SCOTUS Clarifies the FAPE Standard Thursday, November 16, 2017 1:00—3:00 pm Eastern In this interactive session, Jim Gerl will discuss and analyze the Endrew F decision, an important ruling by the Supreme Court that clarifies the FAPE standard for special education cases. Decisions by circuit courts of appeal applying the new standard will also be covered. This program is complimentary, but advanced registration is required. Jim Gerl is a lawyer, a hearing officer, a mediator, a blogger, and a trainer of hearing officers and mediators.  Since 1979, he has been a hearing officer, hearing examiner or administrative law judge for numerous agencies, primarily in special education and civil rights.  He has been an IDEA hearing officer for West Virginia,...

We have written here a lot about the new Supreme Court decision in Endrew F that clarifies the FAPE standard. One reader expressed some uncertainty about the facts and ruling in Endrew F.  To ensure that we all have a handle this important decision, we will be repeating our previous posts about the new Supreme Court decision. In the meantime, we have stated that the true meaning of Endrew F will be fleshed out by the courts and hearing officers below. Here are some preliminary published circuit decisions interpreting the Endrew F FAPE standard. I believe that the preliminary fig leaf readings indicate that the Circuits may read the supreme court clarification differently. Are you aware of other interpretations? So what do you about the way Endrew F is being applied so far?                          a. Fourth Circuit: ML by Lieman v Montgomery County Board of Education 117 LRP 33077 (4 th Cir 8/14/17) The Fourth Circu...