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We consider the 2017 Supreme Court decision Endrew F. v. Douglas County School District in light of Giorgio Agamben’s theories of ’states of exception’ and ’bare life.’ This case concerned the provision of a FAPE to an autistic boy, and was was hailed as ’a victory for children with disabilities.’ We take a critical stance this decision instead perpetuates an historical contradiction between how the law and the schools understand autism, and their desires with respect to educating autistic children. Autistic children, whose education constitutes a perpetual state of emergency, are placed in an acutely vulnerable position, both ’under the protection’ and ’at the mercy’ of school authorities who act outside the law with the force of law.