Is Endrew F. a Game Changer for Us?

That didn’t take long. We now have a decision from the 5th Circuit applying the “new” FAPE standard enunciated by the Supreme Court in Endrew F. v. Douglas County School District.  As the Dawg predicted (not to brag….) the court held that the supposedly new FAPE standard is not new at all.  It is consistent with the standard we’ve been using in Texas for a long time.   The district court in this case used the four-part test the 5th Circuit affirmed long ago.  When it went up on appeal to the 5th Circuit the court held:

Although the district court did not articulate the standard set forth in Endrew F. verbatim, its analysis of [the student’s] IEP is fully consistent with that standard and leaves no doubt that the court was convinced that [the student’s] IEP was “appropriately ambitious” in light of [her] circumstances.”

That “appropriately ambitious” phrase is from Endrew F.  So what the court is telling us is that the standard we have been using for years is “fully consistent” with the SCOTUS view expressed in Endrew F.

The case is C.G. v. Waller ISD decided by the 5th Circuit on June 22, 2017. It’s an “unpublished” decision, meaning that it will not be written up in the official reports and will not be cited as precedent in future cases. But we found it at 117 LRP 24920 and 2017 WL 2713431.


File this one under: SPECIAL EDUCATION

Have a good weekend, Readers! The Dawg barks again on Monday.