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Supreme Court Bolsters Rights of Learning-Disabled Students

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This stand "is markedly more demanding than the "merely more than de minimus" test applied by the 10th Circuit, '" he said, including in a 2008 opinion written by Gorsuch. The school programs must be "reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances".

The bottom line in this case is the Supreme Court overruled Gorsuch, who had stated in his ruling that as long as a school district offers anything more than an education "so minor as to merit disregard" they were following the law. " He continued to say, "I understand today that the Supreme Court has indicated that the Urban standard is incorrect".

"The IDEA demands more", the chief justice said.

As Chief Justice Roberts wrote for the Court, "When all is said and done, a student offered an educational program providing "merely more than de minimis" progress from year to year can hardly be said to have been offered an education at all". Gorsuch has ruled on a range of special education cases throughout his career, attracting scrutiny from NY lawyer Gary S. Mayerson, who wrote in a letter to Sen.

Joseph and Jennifer said the private school was better able to meet their son's needs, but the district balked at shouldering the costs.

Yoo focused on Gorsuch's remarks about "precedent", made Tuesday during the Supreme Court candidate's second day of grilling in confirmation hearings before by the Senate Judiciary Committee.

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The case clarifies what exactly the Individuals with Disabilities Education Act, commonly known as IDEA, means by its requirement of a "free and appropriate public education" for students with disabilities.

In Wednesday's opinion, the Supreme Court stressed that more was required by the federal statute. Negrón said he was comfortable with the court's rejection of the lower de minimis standard since schools aren't in the business of providing de minimis education to children, and that while schools will have to reevaluate the services they provide, the court's decision "should be within the operational sphere for schools to meet". After spending two years at the private school, Endrew's parents sought reimbursement for his private school tuition with the Colorado Department of Education. School officials had cautioned that imposing higher standards could be too costly for some cash-strapped districts. Under that standard, a school need only show that it was providing a minimal special program with some level of benefit.

Sen. John Cornyn, R-Texas, evinced that the Supreme Court had declined to hear the parents' appeal in the Thompson case.

Colorado lawyer Jack Robinson represented both Endrew and the Perkins family in the 2008 case.

The Office of Administrative Courts did not agree, and in September 20154, U.S. District Judge Lewis Babcock affirmed its decision.

The question centered on what educational benefits are guaranteed to a child with disabilities by a public school under the Individuals with Disabilities Education Act.

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