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Supreme Court of the United States › Free Appropriate Public Education (FAPE)

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Roetzel & Andress

Supreme Court Holds Districts May Be Sued for Damages Even When IDEA Administrative Process Is Not Exhausted

Roetzel & Andress on

The Supreme Court unanimously held in Perez v. Sturgis Public Schools, No. 21-887 (Mar. 21, 2023) that a student can sue for compensatory damages under the Americans with Disabilities Act (“ADA”) even when they have not...more

Foster Garvey PC

U.S. Supreme Court Eliminates Exhaustion of Administrative Remedies Requirement for ADA Damage Suits Against School Districts

Foster Garvey PC on

Summary of the ruling (& its underlying alphabet soup): The federal Individuals with Disabilities Education Act (“IDEA”) requires school districts to provide their disabled students a Free Appropriate Public Education...more

Hogan Lovells

U.S. Department of Education Issues Guidance on Providing FAPE After Supreme Court Decision in Endrew

Hogan Lovells on

In Endrew, the U.S. Supreme Court ruled in favor of a higher standard of education for children with disabilities, which then raised many fundamental questions about special education across the nation. What is required for a...more

Pullman & Comley - School Law

Endrew F. In The Second Circuit – How Is The Court Applying The New Standard

Pullman & Comley - School Law on

Following the United States Supreme Court’s decision of earlier this year in Endrew F. v. Douglas County School District, appellate courts, including the United States Supreme Court, have typically remanded special education...more

Baker Donelson

Supreme Court Rules in Favor of Expanding the Rights of K-12 Special Education Students

Baker Donelson on

The United States Supreme Court has ruled students with disabilities in grades K-12 are entitled to meaningful academic progress. On March 22, 2017, the Court decided the case of Endrew F. v. Douglas County School District,...more

Haight Brown & Bonesteel LLP

Supreme Court’s Evolving Approach to Special Education

Haight Brown & Bonesteel LLP on

In Endrew F., et al. v. Douglas County School District (No. 15-827), the Supreme Court of the United States expanded on its long-standing interpretation of the substantive right to a “free appropriate public education” (known...more

Bond Schoeneck & King PLLC

U.S. Supreme Court Decides Special Education Case

Bond Schoeneck & King PLLC on

On March 22, 2017, the U.S. Supreme Court issued a unanimous decision regarding a matter of significant concern to school districts. In the case of Endrew F. v. Douglas County School District RE-1, the Supreme Court held...more

Franczek P.C.

Supreme Court Refines Legal Standard for Special Education

Franczek P.C. on

Thirty five years ago, in Board of Education of Hendricks Hudson District v. Rowley, the Supreme Court ruled that, under the Individuals with Disabilities Education Act, schools must provide students with an individualized...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Endrew v. Douglas County School District

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On March 22, 2017, the United States Supreme Court decided Endrew v. Douglas County School District, No. 15-827, holding that the Individuals with Disabilities Education Act (IDEA) requires participating schools to offer an...more

Pullman & Comley - School Law

United States Supreme Court Defines Standard For Special Education: Endrew F. v. Douglas County School District RE-1

Pullman & Comley - School Law on

In a unanimous decision, the United States Supreme Court held that the Individuals with Disabilities Education Improvement Act (IDEA) requires school districts to provide special education students with “an educational...more

Fisher Phillips

Supreme Court Increases School Standards For Students With Disabilities

Fisher Phillips on

IEPs Must Meet “Markedly More Demanding” Standard From Now On This week, in a unanimous decision crafted by Chief Justice John Roberts, the Supreme Court decided that the Individuals with Disabilities Education Act...more

Dorsey & Whitney LLP

The Supreme Court - March, 2017 #3

Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases today: Czyzewski v. Jevic Holding Corp., No. 15-649: Respondent Jevic Transportation filed for Chapter 11 bankruptcy. This spawned two lawsuits. ...more

Hinshaw & Culbertson LLP

U.S. Supreme Court Clarifies Standards for Free Appropriate Public Education

Hinshaw & Culbertson LLP on

In a unanimous decision, the U.S. Supreme Court issued its decision today on the appropriate standard for determining what constitutes a Free Appropriate Public Education (FAPE) in Endrew F. v. Douglas Cty. Sch. Dist. RE-1,...more

Maynard Nexsen

The Endrew Decision: A Better Educational Standard for Special Needs Students.

Maynard Nexsen on

March 22, 2017 will go down as a good day for parents, like me, who have a child in the public education system who has special needs. In a time when many of the exceptional children's programs in this state and in this...more

Rumberger | Kirk

US Supreme Court Determines Scope of the Administrative Exhaustion Requirement Under the Individuals with Disabilities Education...

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In Fry v. Napoleon Community Schools, No. 15-497, 2017 WL 685533 (U.S. Feb. 22, 2017), the United States Supreme Court held that administrative exhaustion under the Individuals with Disabilities Education Act was unnecessary...more

Pullman & Comley - School Law

A Kindergarten Student and Her Dog Named Wonder: What Rights Do Students Have To Service Animals In The Classroom?

Pullman & Comley - School Law on

What are the parameters for requiring schools to accommodate students’ service animals in the classroom? The United States Supreme Court recently turned prior thinking on this issue on its head, finding that even though a...more

Seyfarth Shaw LLP

Supreme Court Rules Title II and Section 504 Claims Can Proceed to Court Without Exhausting IDEA’s Administrative Processes In...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court’s recent ruling in Fry v. Napoleon Comm. Schools limits IDEA’s exhaustion requirement to those cases which seek relief for a denial of FAPE allowing for some claims brought under Title II...more

Seyfarth Shaw LLP

Supreme Court Rules that Title II and Section 504 Claims Can Proceed to Court Without Exhausting IDEA Administrative Process If...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court has clarified IDEA’s exhaustion requirement to allow claims brought on behalf of IDEA eligible students to proceed directly in court unless the “gravamen” of the complaint seeks relief...more

Franczek P.C.

Supreme Court Holds IDEA Exhaustion Required When Crux of Complaint Is a Denial of FAPE

Franczek P.C. on

The Supreme Court issued its opinion in Fry v. Napoleon yesterday. The case asked the court to interpret the IDEA provision stating that the Act does not limit the rights or remedies available under the Americans with...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Fry v. Napoleon Community Schools

Faegre Drinker Biddle & Reath LLP on

On February 22, 2017, the United States Supreme Court decided Fry v. Napoleon Community Schools, No. 15-497, holding that a plaintiff need not exhaust administrative procedures under the Individuals with Disabilities...more

Franczek P.C.

Supreme Court Will Review Two Special Education Cases this Term

Franczek P.C. on

The Supreme Court currently has two important special education cases on its docket for this term. The first is Endrew F. v. Douglas County School District (10th Cir.), which will revisit the free and appropriate public...more

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