Reply to SCOTUS Grants Review in IEP Case

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]So the court will decide what is considered "appropriate"?[/quote]

At issue is whether the standard for FAPE should be whether a school district offers provides "[b]some[/b] educational benefit" or "[b]meaningful[/b] educational benefit" to a student with disabilities.

Different states and courts have used each standard and the Supreme Court has been asked to clarify. The US Justice Department has weighed in saying that it believes the standard should be "meaningful educational benefit."[/quote]

Based on what I've read online, the Fourth Circuit (which covers MD and VA) already uses the more generous standard, while the Court of Appeals for the D.C. Circuit uses the more restrictive standard.  That means families in VA and MD probably have nothing to gain from this case (unless the dicta in the case turns out really well), and some chance that the law will be worse after the decision (although my guess is that the justices took this to reverse the 10th Circuit, as the folks on the petitioner's side are savvy and wouldn't have filed unless they thought they had a good shot with the current court).[/quote]

No the 4th uses the restrictive standard.  Only the 3rd and arguably the 6th use the more liberal.  I don't think DC has clearly weighed in.
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