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Wednesday
Mar222017

Supreme Court Raises Bar for Teaching Disabled Students

The Supreme Court on Wednesday unanimously raised the bar for the educational benefits owed to millions of children with disabilities in one of the most significant special-education cases­ to reach the high court in dec­ades.

The opinion rejected a lower standard set by the U.S. Court of Appeals for the 10th Circuit and used in a subsequent case by President Trump’s nominee to the high court, Neil Gorsuch, during his tenure on the appeals court. The high court’s ruling quickly became the focus of questions Wednesday at Gorsuch’s confirmation hearing.

In its unanimous ruling, the Supreme Court said that a child’s “educational program must be appropriately ambitious in light of his circumstances” and that “every child should have the chance to meet challenging objectives” even if the child is not fully integrated into regular classrooms.

The court stopped short of setting a bright-line rule, deferring to the expertise and judgment of school officials and acknowledging the unique set of circumstances of each child with a disability.

But the justices sent a strong, clear message with their unanimous decision that the 10th Circuit standard was too low.

Any standard, the court said, that is not centered on “student progress would do little to remedy the pervasive and tragic academic stagnation that prompted Congress to act” when it passed the 1975 law that provides federal funds to help states cover the cost of educating students with disabilities.

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