Because you are disabled.

File for disability benefits.

Appeal your case.

How you presented your initial application was the best you could do at that time given what you knew and were told.

But, if you were not successful, appeal (1) because you are disabled and (2) because you can improve on your presentation.

Saturday, March 25, 2017

Special Ed Standard

In a decision, March 22, 2017, the Supreme Court explained the standard required under federal special education law.

In Endrew F. v. Douglas County School District [580 U. S. ____ (2017)], the U.S. Supreme Court unanimously held that to meet its substantive obligation under the IDEA (Individuals with Disabilities Education Act), a school must offer an IEP (individualized education program) reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.

In the decision, the Court rejected the “merely more than de minimis” standard set by the U.S. Court of Appeals for the 10th Circuit as was used in an opinion in another special education case by Judge Neil M. Gorsuch.


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