Endrew F. Ex Rel. Joseph F. v. Douglas County School District RE-1
694 F. App'x 654
10th Cir.2017Background
- Endrew F., a child with autism, attended Douglas County School District (the District); his parents believed he was not making meaningful progress under the District’s program.
- Parents withdrew Endrew and placed him in a private school specialized for autistic students, then sought reimbursement from the District under the IDEA for tuition and related expenses, alleging the District failed to provide a FAPE.
- An ALJ denied reimbursement; the district court affirmed; the Tenth Circuit affirmed in 2015, finding no procedural or substantive IDEA violations.
- The Supreme Court granted review and reversed the Tenth Circuit in Endrew F. v. Douglas Cty. Sch. Dist. RE-1, holding that an IEP must be “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances,” a standard more demanding than the Tenth Circuit’s prior “more than de minimis” test.
- On remand, the Tenth Circuit vacated its prior opinion and remanded the case to the district court for proceedings consistent with the Supreme Court’s clarified substantive standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the District failed to provide a FAPE (substantive adequacy of IEP) | The District’s IEP did not enable Endrew to make appropriate progress; reimbursement warranted | The District’s IEP satisfied IDEA requirements and was substantively adequate under Tenth Circuit precedent | Tenth Circuit vacated prior ruling and remanded to apply the Supreme Court’s standard that an IEP must be reasonably calculated to enable progress appropriate to the child’s circumstances |
| Whether procedural compliance was defective | Parents argued procedural flaws contributed to an inadequate IEP | District argued it complied with IDEA procedural requirements | Previously the Tenth Circuit found no procedural defect; court remanded for reconsideration consistent with Supreme Court guidance as needed |
Key Cases Cited
- Endrew F. v. Douglas Cty. Sch. Dist. RE-1, 137 S. Ct. 988 (2017) (Supreme Court clarifying substantive IDEA standard requiring IEPs reasonably calculated to enable appropriate progress)
- Endrew F. ex rel. Joseph F. v. Douglas Cty. Sch. Dist. RE-1, 798 F.3d 1329 (10th Cir. 2015) (Tenth Circuit’s prior decision applying a "more than de minimis" standard)