Students deserve more than 'de minimis'

The U.S. Supreme Court recently handed out a ruling that legally entitles special needs students across the country the opportunity to make progress in public schools

In the recent Endrew F. v. Douglas County School District case in Colorado, the parents of an autistic child were seeking reimbursement from the school district for sending their son to a private school.

Like all special needs children in the United States, Endrew is entitled to free appropriate public education from schools that take certain federal funds, as per the Individuals with Disabilities Education Act (IDEA). His parents felt the Douglas County School District’s individual education plan for their child did not provide him enough opportunities to progress academically, so they sent him to private school where he made a significant amount of growth.

In the court’s opinion, Chief Justice John Roberts wrote that public schools must provide special needs students programs that meet higher standards — in essence rejecting the “merely more than de minimis” standard that was established by the 10th Circuit Court. For children who are integrated into regular classrooms, they should have an individual education plan (IEP) that enables them to “achieve passing marks and advance from grade to grade.” For students who are not in regular classrooms, their education plan should be specially designed to let a child make progress in light of their disabilities.

De minimis comes from a Latin phrase meaning “so minor as to merit disregard.” Its application to the IDEA came in a 2008 opinion from Supreme Court nominee and 10th Circuit Judge Neil Gorsuch.

Regarding the case of Thompson RJ2-J School District vs. Luke P — another case where parents of a special needs student were seeking reimbursement for sending their child to a special school — Gorsuch wrote that a school district would comply with the IDEA as long as it provides educational benefits that “must merely be more than de minimis.”

By Gorsuch’s words, districts would comply with the law as long as the educational benefits and lessons they provide to special needs students amount to a little more than nothing.

School districts need to provide more than just the bare minimum when it comes to educational opportunities for special needs students. Providing only the bare minimum of instruction to a student, year after year, is not what we’re paying schools do to. That would be like paying an employee for only showing up to work and not doing their job.

A school district’s education plan for students should be designed, through collaboration between parents and staff to meet that child’s need and attain goals that are outlined in the plan and progress in their general education. These plans can be tailored to individual students because everyone learns differently. Some students have needs that will require more one-on-one time, possibly with a para-professional educator.

Some of the lessons in a student’s education plan can be simple reading, writing and math, but schools need to initiate learning, monitor progress every year and provide opportunities to students so they can get the most from their education, just like the rest of their peers.