New Guidance Issued from U.S. Department of Education About FAPE Standard Set Forth in Endrew F. Decision
On December 7, 2017, the U.S. Department of Education’s Office of Special Education and Rehabilitative Services (OSERS) released a Question and Answer (Q&A) document addressing the U.S. Supreme Court decision in Endrew F. v. Douglas County School District Re-1 (2017), which clarified the scope of the free appropriate public education (FAPE) requirements in the Individuals with Disabilities Education Act (IDEA).
In Endrew F., the U.S. Supreme Court held that an IEP must be reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances and enable the child to have the chance to meet challenging objectives. However, the court did not define the phrase “progress appropriate in light of the child’s circumstances.” This new Q&A document provides a discussion of the FAPE requirements and includes questions addressing implementation considerations including, “Is there anything IEP Teams should do differently as a result of the Endrew F. decision?”
The answer to that question appears to be that IEP teams must implement policies, procedures, and practices relating to (1) identifying present levels of academic achievement and functional performance; 2) the setting of measurable annual goals, including academic and functional goals; and 3) how a child’s progress toward meeting annual goals will be measured and reported, so that the Endrew F. standard is met for each individual child with a disability.