KASB offers summary and seminar on Supreme Court special education decision

A recent decision by the U.S. Supreme Court could have a significant impact on how school districts develop services for special education students, according to the KASB legal department.

KASB attorneys have prepared a summary of the Endrew F. decision released last month, and will hold a special seminar on the  implications of that case for school leaders and special education staff on Monday, May 8 at the KASB office in Topeka.

In the decision, the U.S. Supreme Court found that the Tenth Circuit Court of Appeals (which includes Kansas) had not been applying the appropriate standard to determine whether a student had received a free appropriate public education (FAPE). The court said it was setting a new standard for special education "markedly more demanding" than the previous standard which was based on only minimal educational improvement for a student.  The Supreme Court held that “[t]o meet its substantive obligation under the IDEA, a school must offer an IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

KASB attorney Sarah Loquist says the decision means "Schools will need to spend more time ensuring the accuracy of present levels of performance and demonstrating that the goals and objectives are tied to those present levels of performance."

KASB will offer a half-day seminar from 1-4 p.m. on May 8. Legal and special education experts will review the changes required because of this case as special education staff prepare for next year’s student IEPs.