Educational Benefit: "Merely More Than De Minimis" or "Meaningful"? Supreme Court Revisits Requirements in Endrew F. v. Douglas Co. Sch. Dist. RE-1 on January 11 Endrew F. is a child with autism and ADHD. His disabilities affect his cognitive functioning, language and reading skills, and social abilities, including his ability to communicate his emotions and needs. Drew attended public school in Douglas County, Colorado from preschool through fourth grade where he received special education through Individualized Education Programs (IEPs). Drew's parents contend that he did not make academic progress in second grade, third grade or fourth grade. Most of the objectives in his IEPs were discontinued or abandoned. His IEPs suggest that he did not make the progress needed to receive educational benefit and a free, appropriate public education (FAPE). Drew also had severe behavior problems that prevented him from learning. Beginning in second grade, he yelled, cried, banged his head, kicked, tore off his clothes, and ran away from class and from school. These behaviors prevented him from functioning in school and in the community. The school agreed that Drew needed a behavior intervention plan (BIP). But the school did not develop or implement a BIP as Drew's behaviors spiraled out of control. At the end of fourth grade, Drew's frightened parents withdrew him from the public school and placed him in a private school that specializes in educating children with autism. His parents requested that the school district reimburse them for his tuition. An Administrative Law Judge held that the school provided a program in which Drew made "some progress." After reviewing the record, a federal judge held that the IEPs "... were sufficient to show a pattern of, at the least, minimal progress." The judge held that a public school is only required to provide a "basic floor of opportunity" ... [and] "some educational benefit." To learn about educational benefit and how much benefit is enough, read Educational Benefit: “Merely More Than De Minimis” or “Meaningful”? http://www.wrightslaw.com/law/art/endrew.douglas.benefit.fape.htm Pete and Pam Wright plan to attend oral argument next week. We will keep you posted!