Topic: FAPE

The United States Department of Education Issues Guidance on the Meaning of FAPE

by Melinda Kaufmann Melinda Kaufmann   

On December 7, 2017, the United States Department of Education’s Office of Special Education and Rehabilitative Services [“OSERS”] issued guidance for schools on determining whether a special education program is designed to provide a student with a free appropriate public education [“FAPE”] based on the United States Supreme Court decision in Endrew F.  The guidance…

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ENDREW F. IN THE SECOND CIRCUIT – HOW IS THE COURT APPLYING THE NEW STANDARD

by Melinda Kaufmann Melinda Kaufmann   

Following the United States Supreme Court’s decision of earlier this year in Endrew F. v. Douglas County School District, appellate courts, including the United States Supreme Court, have typically remanded special education cases pertaining to whether a student received a free appropriate education [“FAPE”] back to the lower courts for further review.  In contrast, the…

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