Endrew F. Clairvoyance

12 Pages Posted: 18 Oct 2018

See all articles by Mark C. Weber

Mark C. Weber

DePaul University College of Law

Date Written: September 25, 2018

Abstract

The Second Circuit Court of Appeals has declared that “Prior decisions of this Court are consistent with the Supreme Court’s decision in Endrew F.,” the 2017 Supreme Court decision interpreting the Individuals with Disabilities Education Act obligation to furnish students with disabilities free, appropriate public education. This Essay considers whether that statement is accurate, and concludes that while some of the past Second Circuit decisions fit comfortably with Endrew F. ex rel. Joseph F. v. Douglas County School District RE-1, others do not. The Essay submits that the court of appeals should confess a lack of clairvoyance in its earlier decisions and forthrightly overrule or limit those cases that are not consistent with the interpretation of the appropriate education duty found in Endrew F.

Keywords: Special Education, Disabilities, Education, Courts, Second Circuit, Endrew F., Individuals with Disabilities Education Act, Appropriate Education

JEL Classification: K39, K41, I20, I24, I28

Suggested Citation

Weber, Mark C., Endrew F. Clairvoyance (September 25, 2018). Touro Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3255261

Mark C. Weber (Contact Author)

DePaul University College of Law ( email )

25 E. Jackson Blvd.
Chicago, IL Cook County 60604-2287
United States
312-362-8808 (Phone)
312-362-5448 (Fax)

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