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Adams Stepner Attorneys Publish Article on New Supreme Court Special Education Decision

Two attorneys in Adams, Stepner, Woltermann & Dusing’s Government Practice and School Law Groups have published a new article for the June, 2017 issue of Lex Loci, a regional publication for the Northern Kentucky Bar Association. Claire E. Parsons and Robin Neace, both members of the Northern Kentucky Bar Association, co-authored an article on the Supreme Court’s recent decision on special education litigation arising under the Individuals with Disabilities in Education Act (“IDEA”).  “What Is an Appropriate Education: The Supreme Court’s Most Recent Interpretation of the IDEA’s FAPE Standard”  highlights Endrew F. v. Douglas County School District, the Supreme Court’s newest decision regarding special education.  As the article explains, the Supreme Court ruled that the previous standard adopted by the 10th Circuit did not require enough of school districts to ensure the academic success of their special needs students.  Instead, the article noted, the Supreme Court took a moderate approach in holding that a school must offer individual education plans that enable a special needs child to progress appropriately according to his or her circumstances. Because Kentucky resides in the 6th Circuit which has already ruled similarly on this matter, Parsons and Neace explained that the effects of Endrew F. may not be felt immediately in Kentucky. You can view the full version of the article, which starts on page 12, here: http://www.nkybar.com/resources/newsletter/Lex%20Loci%20-%20June%202017%20Edition.pdf.

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