A Legal Analysis of the Free Appropriate Public Education Standard Before and After Endrew F.

• In Event: 18.055 - Free and Appropriate? Contextual Factors Impacting the Provision of "Appropriate" Special Education Services

Abstract

Recent changes in special education law have added another layer of ambiguity to the FAPE standard. Without comprehensive research documenting how courts operationalize the FAPE standard, judges may reify inequities for specific subgroups of students with disabilities. The present study analyzed 142 circuit court cases from 2010-2018 to determine whether the interpretations of the FAPE standard vary among federal courts. Preliminary results found that 1) the majority of courts are relying on the dictum that grade advancement is sufficient evidence for satisfying the FAPE standard, especially for students attending low-income and/or racially segregated schools; and 2) the majority of cases that reach the federal circuit court system are coming from schools that predominantly serve White students from middle-income backgrounds.

Author

• Leah Bueso, University of California - Los Angeles