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Explain the difference between procedural requirements and substantive requirements for developing IEPs. How did the Endrew case clarify the substantive standard for IEPs?
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Answer

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Step 1:

Procedural requirements and substantive requirements are both crucial elements in the development of Individualized Education Programs (IEPs) for students with disabilities.

Step 2:

Procedural requirements refer to the processes and steps that educational institutions must follow to ensure the creation, implementation, and review of IEPs are fair and equitable. These requirements include conducting evaluations, holding IEP team meetings, and providing notice to parents about IEP decisions. Procedural requirements ensure that the rights of students with disabilities and their parents are protected throughout the IEP process.

Step 3:

Substantive requirements, on the other hand, relate to the content of the IEP itself. These requirements ensure that the IEP is tailored to meet the unique needs of the student and includes specific goals, accommodations, and services necessary for the student's educational success.

Step 4:

The Endrew F. v. Douglas County School District case, decided by the Supreme Court in 2017, clarified the substantive standard for IEPs. The Court held that an IEP must be reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances.

Step 5:

In Endrew, the Court rejected the standard set by the Tenth Circuit Court of Appeals, which held that an IEP is adequate as long as it provides a child with educational benefits that are merely more than de minimis (or trivial). Instead, the Supreme Court held that the IEP must be individualized and tailored to the child's unique needs, and that it must be designed to provide the child with meaningful educational progress.

Step 6:

The Endrew decision emphasized that the substantive standard for IEPs is more rigorous than the de minimis standard previously established by lower courts. The Court held that an IEP must be reasonably calculated to allow a child to make progress in light of the child's unique circumstances, and that the level of progress must be meaningful and educational.

Final Answer

The Endrew case clarified the substantive standard for IEPs by establishing that an IEP must be reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances, and that the level of progress must be meaningful and educational. This standard is more rigorous than the de minimis standard previously established by lower courts and emphasizes the importance of individualized and tailored IEPs for students with disabilities.