Article · Education

More Than De Minimis: What Endrew F. Actually Requires of a School

20 U.S.C. § 1400

Type
Article
Jurisdiction
National
Date
2025-05-26
Topic
Education

The Supreme Court told American schools in 2017 that an individualized education program must be reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances — and that a program producing merely more than de minimis progress does not satisfy the statute. This article explains what that standard replaced, what it actually requires, and why it changed less in practice than parents hoped and more than districts expected. It works the architecture of the Individuals with Disabilities Education Act from child find through evaluation, eligibility, the IEP itself, and the least restrictive environment mandate that governs where services are delivered. It explains the procedural safeguards that carry most of the statute's force — prior written notice, the independent educational evaluation, stay put, and the due process complaint — and why a parent who understands three of them has more leverage than one who has read every substantive case. The second half covers Section 504 and its different reach, discipline and the manifestation determination, private placement reimbursement, compensatory education, exhaustion after Fry and Perez, and the practical question of how a parent actually changes an IEP they believe is inadequate.

More Than De Minimis: What Endrew F. Actually Requires of a School

Education > Special Education | Published 26 May 2025 - Updated 14 May 2026 | UpLaw - uplaw.us

In brief. The substantive standard governing special education is a sentence long and has been litigated for four decades. The procedural safeguards surrounding it are where cases are actually won, and most parents never learn the three that matter. This article covers both, in that order of practical importance.

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