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Full-Text Articles in Disability Law
Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark Weber
Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark Weber
College of Law Faculty
Thirty years old in 2012, Board of Education v. Rowley is the case that established a some-benefit or floor-of-opportunity standard for the services public school districts must provide to children who have disabilities. But the some-benefit approach is by no means the only one the Court could have adopted. It could have endorsed the view of the lower courts that each child with a disability must be given the opportunity to achieve his or her potential commensurate with the opportunity offered other children. Or it could have adopted a standard based on achievement of the child’s full potential or the …
Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark C. Weber
Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark C. Weber
Mark C. Weber
Thirty years old in 2012, Board of Education v. Rowley is the case that established a some-benefit or floor-of-opportunity standard for the services public school districts must provide to children who have disabilities. But the some-benefit approach is by no means the only one the Court could have adopted. It could have endorsed the view of the lower courts that each child with a disability must be given the opportunity to achieve his or her potential commensurate with the opportunity offered other children. Or it could have adopted a standard based on achievement of the child’s full potential or the …
When Good Enough Is No Longer Good Enough: How The High Stakes Nature Of The No Child Left Behind Act Supplanted The Rowley Definition Of A Free Appropriate Public Education, Evan D. Blewett, Andrea Kayne Kaufman
When Good Enough Is No Longer Good Enough: How The High Stakes Nature Of The No Child Left Behind Act Supplanted The Rowley Definition Of A Free Appropriate Public Education, Evan D. Blewett, Andrea Kayne Kaufman
Evan Blewett
This Article asks the basic question whether the good enough education standard required by the Rowley Court is still good enough in the high-stakes context of the No Child Left Behind Act. In Hendrick Hudson School District v. Rowley, the Supreme Court provided a framework to determine whether students with disabilities are provided with a "free and appropriate public education" in accordance with the Individuals with Disabilities Education Act ("IDEA"). The Rowley Court interpreted IDEA as focusing more on students with disabilities accessing some educational benefits, rather than on assessing and maximizing their educational performance.