Thisarticle starts off talking about how Members of Congress saw that there was aneed for something that something to provide standard set of guidelines to allthe states regarding the identification and education of students withdisabilities. In response to the manylaw suites in the early 70s, congress decided to provide federal financialassistance to any of the states that could show that they had a plan to ensurethat all eligible students with disabilities would be able to receive a freeappropriate public education. In addition they would receive other educationalrights like the right to be educated in the least restrictive environmentavailable.Thearticle then talks about the Rowley test. This first started with Amy Rowley, astudent with a severe hearing impairment. This requited her to have an IEP.When her parent requested for her to have an interpreted, the school districtdenied the request.
Part one of this test was did the school comply with thelaw procedures and part two being was the IEP properly calculated for thestudent. The court found that the school was technically giving her a FAPE.There was a lot of questioning if her IEP was tailored correctly to her and ifthere was growth that could be measured.Thisarticle then talks about a higher meaningful education which was questionedduring Rowley’s test.
It was questioned how much benefit was required to meetthe educational standard for Rowley. It is later discussed to lower the demenimis standard. This brings in Endrew v. Douglas County School District.
Endrew was diagnosed with autism and had an IEP. His parents later rejected itbecause he was not making meaningful progress. The court found that the schooldid keep track of his little to no progress, however his original IEP was notmeeting the standard.Parentalinvolvement is important when it comes to the students IEP.
It becomes abalance between parental and educator for the best IEP. The IEP is also the”centerpiece” of the student’s education. It incorporates the unique needs ofthe student to provide the best education for the student. It is also discussedthat there is no “standard” for these IEPs. It is there to help the studentlearn and progress in their education.Theimplications of this case that are discussed in this article mostly revolvearound the student’s IEP. First, the Court decided to replace the standard fordeciding education benefits to a system that sets an IEP to the studentindividually, which bring the second implication.
The program needs to showthat the student is making some sort of progress in their education, thesegoals are meant to be ambitious, challenging, measurable, and assessed andmeasured every year.Myquestion for this article is why has this process taken so long? The first casethat is talked about was in the early 70s and this is taking place in 2017.This can go back to the civil rights movement. It sparked in the 50s andcontinued to be an issue into the 70s. Living in a progressive society now, whyhas it taken so long for IDEA to really fulfil its potential?