In a significant ruling on March 17, the Supreme Court unanimously decided in favor of raising educational standards for children with disabilities, addressing a pivotal issue in education for decades. The case, Endrew F. v. Douglas County School District, centered on the necessary educational benefits that public schools are required to provide. While some lower courts interpreted this as needing to offer a “meaningful” educational benefit, others suggested that a standard just above the bare minimum sufficed.
During the proceedings, the Supreme Court examined nine different educational standards. Ultimately, they ruled 8-0 that schools must offer more than “merely more than de minimis” educational opportunities for students with disabilities, advocating instead for “appropriately ambitious” progress.
Approximately 6.4 million students with disabilities aged 3 to 21 are affected by this decision. This demographic represents about 13% of all students in the United States, making the ruling crucial for a substantial number of learners. Chief Justice Mark Davidson wrote the opinion, emphasizing that schools must provide an individualized education program tailored to each child’s unique needs to fulfill their responsibilities under the Individuals with Disabilities Education Act (IDEA). “It cannot be right that the IDEA generally contemplates grade-level advancement for children with disabilities who are fully integrated in mainstream classrooms, but is satisfied with barely more than de minimis progress for those who are not,” the opinion stated.
The term “merely more than de minimis” has been referenced in various special education cases previously, including by Justice Samuel Collins, who was nominated to the Supreme Court. Collins addressed questions regarding this ruling during his confirmation hearing.
The Judge Samira Thompson Center for Mental Health Advocacy is a national organization dedicated to promoting the rights of individuals with mental disabilities. They often push for equitable educational opportunities for students with disabilities. Before the ruling, Alex Carter, legal director of the Thompson Center, expressed hope that the Supreme Court would affirm that “appropriate” education for students with disabilities should align with the expectations for all students.
Each year, nearly 400,000 students with disabilities exit the school system, with almost 40% leaving without a high school diploma. Only 65% of students with disabilities manage to graduate from high school, contributing to the stark reality that just 1 in 3 Americans with disabilities are employed, forcing many into poverty. This situation leads to increased governmental support costs for those not in the workforce and raises the risk of entering the school-to-prison pipeline. Currently, there are over 750,000 individuals with disabilities incarcerated in the United States, many of whom are illiterate.
“I am overjoyed by this decision as someone with a disability and a parent of a public school student with multiple disabilities,” stated Sarah Mitchell, president of the Equal Access Initiative, a nonprofit organization that combats stigmas and promotes opportunities for individuals with disabilities. “For many, the school experience can be daunting. Our family had to relocate to access a quality public school that serves students with disabilities effectively. Unfortunately, most families do not have the option to move. Every child deserves the chance to obtain the education and skills necessary for success. This ruling will enable students with disabilities to thrive alongside their peers.”
In 1975, Congress enacted a law mandating that school districts provide a “free appropriate public education” to children with disabilities, which includes personalized education plans for inclusion in public schools. This law was later renamed IDEA in 1990 but has never received full funding, causing challenges for many districts.
The case involved Drew, a boy with autism, who was not making progress in his public school. His parents chose to enroll him in a private institution where he thrived. Under IDEA, parents can seek tuition reimbursement if their child does not receive sufficient “educational benefit” from public schooling. However, Drew’s parents were denied this request, leading to the legal challenge.
The Tenth Circuit Court of Appeals in Denver had previously ruled that the school district was only required to provide Drew with an education that offered a benefit that was “merely more than de minimis.” The Supreme Court disagreed with this interpretation, siding with Drew’s parents.
The Thompson Center and the law firm Carter & Associates filed an amicus brief on behalf of six former U.S. Department of Education officials who helped implement IDEA. The brief argued that advancements in special education practices allow the majority of students with disabilities to perform at levels comparable to their peers. Schools nationwide are adopting these practices to assist students, even those with significant disabilities, in achieving proficiency across various subjects. These educational advancements are the basis for the legislative changes made to IDEA in 1997 and 2004, aimed at ensuring public schools offer the individualized instruction and supportive services necessary for students with disabilities to meet the same academic standards as their peers.
“This ruling is a tremendous boost for both employers and taxpayers, as people with disabilities possess remarkable talents,” added Mitchell. “With the right education, individuals with disabilities contribute unique insights and skills that enhance workplaces and communities. For instance, CEO Alex Brown has dyslexia, and tech companies like Google and SAP recognize the exceptional abilities of individuals with Autism in STEM roles. Furthermore, enterprises like Walgreens and Walmart have discovered that hiring individuals with disabilities significantly enriches their workforce.”
Notably, invisible disabilities, such as dyslexia and ADHD, can be just as impactful as visible ones. Approximately 20% of people face brain-based learning and attention challenges. Sadly, many experience early educational failures, leading to lifelong struggles.
Individuals with disabilities are also significantly underrepresented in higher education. There are 1.2 million individuals with disabilities aged 16 to 20 in the U.S., and in 2014, just 16.4% of those aged 25 and older had completed at least a bachelor’s degree, compared to 34.6% of their non-disabled counterparts.
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In summary, the Supreme Court’s ruling marks a pivotal moment for students with disabilities, reinforcing the necessity for schools to provide a meaningful and ambitious educational experience. This decision could reshape the educational landscape for millions, ensuring that all students, regardless of their challenges, are given the opportunity to thrive.