SUPREME COURT RULING: Court rejects 'merely more than de minimis' standard of FAPE

Supreme Court Rejects Education Minimum Backed by Gorsuch

Schools may not settle for minimal educational progress by disabled students, the Supreme Court ruled on Wednesday, rejecting a standard that some lower courts have applied, and that the nominee to join the high court, Neil M. Gorsuch, has been criticized for using.

The federal Individuals With Disabilities Education Act requires “free appropriate public education” for all children. In multiple cases, the federal Court of Appeals for the Tenth Circuit, in Denver, has held that the law demands little “more than de minimis” — merely a program intended for a student to show some annual gains.

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