AUCD Joins Amicus Brief on FAPE Supreme Court Case

November 30, 2016


pdf File Amicus Curiae Brief.pdf (196KB) [download]

AUCD joined the National Disability Rights Network (NDRN) and the National Association of Councils on Developmental Disabilities (NACDD) on an amicus brief in the Supreme Court case Endrew F v. Douglas County School District. The case was brought by parents of a student with autism who withdrew their son from public school and sought reimbursement from the school district on the basis that he was not provided FAPE.

The case is a significant opportunity for the Supreme Court to address the content of a state's appropriate-education duty. So far, the U.S. District Court for the District of Colorado and the U.S. Court of Appeals have both found that the school district provided FAPE since the student received at least "some" educational benefit. However, the U.S. solicitor general agrees with the parents' argument that IDEA demands that students with disabilities receive a great benefit. The amicus brief shares this position.