IDEA Gives Disabled Children the Right to a Good Education
The IDEA gives disabled children the right to a good education. It also gives them the right to a free and appropriate public education. This means there are high standards in education. And, school and educators should implement those standards to help disabled children learn.
However, Supreme Court Justice Gorsuch has specific opinions regarding disabled children and their right to a free education under the IDEA. He thinks that the standard for educating disabled children should below. You may recall that during Gorsuch’s congressional hearings, the U.S. Supreme Court overturned his decision in the Luke P. case.
THE LUKE P. CASE
The Luke P. case held that a school district complies with the law to educate disabled children, as long as they provide educational benefits that meet a “de minimis” standard. “De minimis” is a Latin phrase meaning “so minor as to merit disregard.” When decisions use this language, it means the lowest possible standard.
In his decision, Gorsuch essentially concluded that school districts comply with their obligation to educate disabled students as long as they give disabled students little more than nothing. Thank goodness the U.S. Supreme Court unanimously rejected Gorsuch’s approach. Chief Justice Roberts, in Endrew v. Douglas County School District, wrote that the standard for educating children with disabilities under the IDEA “is markedly more demanding than the de minimis test applied by the Tenth Circuit.”
THE SUPREME COURT
Justice Roberts also stated that Gorsuch’s approach would effectively strip disabled students of appropriate education. The IDEA helps educators teach students with disabilities on an individual basis. Therefore, this helps them learn the skills they need to become contributing members of society. It remains to be seen whether Gorsuch will respect the disabled community in his future decisions. For now, the Supreme Court agrees that the IDEA gives disabled children have a right to a good education.