Complacency With Access and the Aggregate? Affirming an Individual Determination of Educational Benefit Under the Individuals With Disabilities Education Act

Abstract

Although some legal scholars argue that the progression of Congressional intent in laws for children with disabilities reflects a mission to raise the educational standards and their achievement levels, other insist that many students are not realizing equal educational opportunity and not receiving educational benefit. This article proposes that the alignment of the Individuals with disabilities Education Act (IDEA) with the No Child Left Behind (NCLB) Act may implicate a student’s right to a free, appropriate public education (FAPE) and cautions against complacency with mere access to the general curriculum and a satisfaction with aggregate accountability of outcome. An analysis of litigation from circuit courts is presented to confirm individual benefit as the legal standard of appropriateness, and the duties of IEP teams to monitoring individual progress on IEP goals are defined. Two recommendations for the reauthorization of both the NCLB Act and the IDEA are proposed.