Great News from SCOTUS

Some outstanding news on the heels of World Down syndrome Day.

Most of you probably didn’t know this case was in the Supreme Court if you don’t have a child with special needs in school. 

In Favor of Special Education Students

Our community is relieved - to say the least - that the SCOTUS unanimously [!] voted in favor for disability rights in education. Especially since the current nominee, Neil Gorsuch, currently in his confirmation hearing, historically has not agreed with this.

In 8 of 10 hearings he’s been involved, Gorsuch’s opinions lean towards limiting the school’s responsibility. 

“Under Gorsuch’s opinion in Luke P., a school district complies with the law so long as they provide educational benefits that “must merely be ‘more than de minimis.’” i.e. provide those students with a bit more than nothing.

I’m grateful and pleased the current justices went against this nominee’s stances for simple civil rights. 

Neil Gorsuch

Some choice quotes from the ruling:

“But that child’s educational program must be appropriately ambitious in light of his circumstances, just as advancement from grade to grade is appropriately ambitious for most children in the regular classroom. The goals may differ, but every child should have the chance to meet challenging objectives. This standard is more demanding than the “merely more than de minimis” test applied by the Tenth Circuit.”

“It cannot be the case that the Act [IDEA] typically aims for grade-level advancement for children with disabilities who can be educated in the regular classroom, but is satisfied with barely more than de minimis progress for those who cannot. When all is said and done, a student offered an educational program providing “merely more than de minimis” progress from year to year can hardly be said to have been offered an education at all. For children with disabilities, receiving instruction that aims so low would be tantamount to “sitting idly . . . awaiting the time when they were old enough to ‘drop out.’” Rowley, 458 U. S., at 179
(some internal quotation marks omitted). The IDEA demands more.”

Glad to see some something positive in the news!