Endrew F. Talking Points to Advocate for Your Child
Endrew F. is a landmark Supreme Court decision on the meaning of a free appropriate public education (FAPE).
The case involved a boy with autism and ADHD, who made almost no progress on his IEP goals because his
behavioral and academic needs weren’t addressed.
Use these talking points from Endrew F. to advocate for better services and supports in your child’s IEP.
Talking Point
The services and supports in the IEP must help your child meet grade-level standards.
From the Endrew F. Decision:
“For most children, a FAPE will involve integration in the regular classroom
and individualized special education calculated to achieve advancement
from grade to grade.”
From U.S. Department of Education (ED) Grade-Level Standards Guidance
(November 2015):
“IEP goals must be aligned with grade-level content standards for all children
with disabilities.”
Explanation:
With Endrew F., the requirements of FAPE are clear. Kids with learning and
attention issues who have IEPs should be getting the services they need to
perform as well as their general education peers.
Talking Point
The IEP must be “reasonably calculated” to help your child make progress (and school staff must truly believe it will do so).
From the Endrew F. Decision:
“A school must offer an IEP reasonably calculated to enable a child to make
progress…. Crafting an appropriate program of education requires a prospective
judgment by school officials.”
From ED FAQs About Endrew F. (December 2017):
“If a child is not making expected progress toward his or her annual goals, the
IEP Team must revise, as appropriate, the IEP to address the lack of progress.”
Explanation:
The test of whether a child’s IEP is appropriate looks to the future. This means the
school must believe that the IEP that’s in place now has a very good chance of
helping your child make progress. The IEP must be “reasonably calculated” to do
- If past services and supports haven’t been effective, the team needs to
consider a change.
Talking Point
The IEP must include behavioral services and supports that your child needs in order to learn.
From the Endrew F. Decision:
“[The student] exhibited multiple behaviors that inhibited his ability to access
learning in the classroom.”
From ED’s Behavioral Supports Guidance (August 2016):
“The failure to consider and provide for needed behavioral supports through the
IEP process is likely to result in a child not receiving a meaningful educational
benefit or FAPE.”
Explanation:
The boy in the Endrew F. case wasn’t making progress because of his behavior
issues. For instance, he climbed over furniture and ran away from school.
When a child can’t make progress because of behavior needs, the IEP must have
services and supports to address the needs. Otherwise, it’s a denial of FAPE.
Talking Point
The school must have a compelling explanation for why the services in the IEP will help your child make progress.
From the Endrew F. Decision:
“A reviewing court may fairly expect those [school] authorities to be able to offer
a cogent and responsive explanation for their decisions.”
Explanation:
It’s not enough for school staff to believe the IEP will help your child make
progress. The school must have a logical and convincing explanation of why it will
work. The IEP team must lay out how IEP services will lead to the progress that’s
expected.
Talking Point
As a parent, you help decide whether the IEP has the input it needs to be appropriate for your child.
From the Endrew F. Decision:
“This fact-intensive exercise will be informed not only by the expertise of school
officials, but also by the input of the child’s parents or guardians.”
Explanation:
The school must get parent input when determining if the IEP will help your child
make progress. But it’s not just passive. You have the right to be involved and give
your opinion on whether the IEP is appropriate for your child.
Talking Point
The IEP should be “ambitious” about your child’s future and what can be accomplished.
From the Endrew F. Decision:
“[The IEP] must be appropriately ambitious in light of his circumstances, just
as advancement from grade to grade is appropriately ambitious for most
children in the regular classroom.”
From ED’s Grade-Level Standards Guidance (November 2015):
“In a situation where a child is performing significantly below the level of the
grade in which the child is enrolled, an IEP Team should determine annual
goals that are ambitious but achievable. … The goals should be sufficiently
ambitious to help close the gap.”
Explanation:
IEP goals must help close the gap for kids who are far behind. Achieving at grade
level may not happen in a single year, but there should be a plan for catching up
over time.
Talking Point
Your child must have the chance to meet “challenging” objectives.
From the Endrew F. Decision:
“The goals may differ, but every child should have the chance to meet
challenging objectives.”
From ED’s Twice-Exceptional Guidance (December 2013):
“Students who have high cognition, have disabilities and require special
education and related services are protected under the IDEA and its
implementing regulations.”
Explanation:
IEP goals are set to meet your child’s specific needs. Although those needs
differ from student to student, the Supreme Court says each student’s goals
need to be challenging.
This may be especially relevant to twice-exceptional kids, who have learning
and attention issues and are also gifted. For these kids, FAPE may mean IEP
goals that exceed grade level, like an AP class or similar program.
Talking Point
It’s not enough for the school to simply go through the motions and check boxes on the IEP.
From the Endrew F. Decision:
“The school district protests that these provisions impose only procedural
requirements—a checklist of items the IEP must address—not a substantive
standard enforceable in court. But the procedures are there for a reason, and
their focus provides insight into what it means, for purposes of the FAPE
definition, to ‘meet the unique needs’ of a child with a disability.”
Explanation:
The IEP process isn’t just a set of procedures. The school must treat your child as
an individual and meet your child’s unique needs. The school also has to
collaborate in a meaningful way with you, the parent.