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Michael regularly advises business and education clients on constitutional, statutory and procedural issues, including the First Amendment, the Federal Arbitration Act (FAA), the False Claims Act (FCA), class certification, federal jurisdiction, immunity and due process.

In yesterday’s unanimous decision in Endrew F. v. Douglas County School District RE-1, the Supreme Court articulated the standard by which federal courts should evaluate challenges to individualized education programs (“IEPs”) for students with disabilities.  To pass muster under the Individuals with Disabilities Education Act (“IDEA”), an IEP, according to the Court, must be “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”  Op. at 14-15.

The IDEA specifically requires that students with disabilities receive a “free appropriate public education” (“FAPE”), a term that is itself undefined in the statute.  The Supreme Court initially faced the interpretation of the FAPE requirement thirty-five years ago in Board of Education of Hendrick Hudson Central School District, Westchester County v. Rowley, 458 U.S. 176 (1982).  In Rowley, the Court made some general observations about the FAPE standard, but confined its ruling to the specific facts of the case, leaving the question of what substantive standard applies to another day.
Continue Reading Supreme Court Clarifies Special Education Standards

As we noted was a possible outcome in our prior analysis of the Trump Administration’s withdrawal of the Obama-era guidance on facilities use by transgender students, the Supreme Court has remanded Gloucester County School Board v. G.G. without issuing a decision.  Prior to this remand order, the Court was set to decide whether Title IX

On February 22, the Supreme Court of the United States issued its opinion in Fry ex rel. E.F. v. Napoleon Community SchoolsFry addresses the circumstances in which parents must exhaust the administrative remedies found in the Individuals with Disabilities Education Act (IDEA), when their lawsuit purports to assert claims only under other federal discrimination statutes—namely, the Americans with Disabilities Act (ADA) and § 504 of the Rehabilitation Act.  The Court held, unanimously, that parents must exhaust IDEA’s administrative procedures only when the “substance, or gravamen, of the plaintiff’s complaint” seeks relief for the denial of a Free Appropriate Public Education (FAPE).
Continue Reading Supreme Court Clarifies Administrative Exhaustion Requirements Under IDEA

In a joint letter issued February 22, 2017, the Departments of Education (ED) and Justice (DOJ) withdrew prior Title IX guidance from the Obama administration that required schools receiving federal funding to allow students to use sex-segregated facilities according to their gender identity, as opposed to their anatomical birth sex. To learn more, please visit