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Van Duyn V. Baker School District: A "Material" Improvement In Evaluating A School District's Failure To Implement Individualized Education Programs, David G. King

Northwestern Journal of Law & Social Policy

This Case Note of explores the standards courts use when evaluating a school district's failure to implement a student's Individualized Education Plan (IEP). In , the Ninth Circuit held that only "material" failures to implement constitute a deprivation of Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA). The Note first begins with a discussion of the right to FAPE under the IDEA and how the Supreme Court narrowed the scope of FAPE in . It then examines the many different standards federal courts have used to evaluate implementation failures, including requiring the failure to involve …