Justice Editor, ThinkProgress. Author of Injustices: SCOTUS’ History of Comforting the Comfortable and Afflicting the Afflicted email@example.com
Awkward.About 40 minutes after Supreme Court nominee Neil Gorsuch began his second day of testimony before the Senate Judiciary Committee, all eight of the justices he hopes to join said a major disability decision Gorsuch wrote in 2008 was wrong.
Both the Supreme Court’s decision and Gorsuch’s 2008 opinion involved the Individuals with Disabilities Education Act (IDEA), which requires that public school systems which take certain federal funds provide a “free appropriate public education” to certain students with disabilities.
Applying this law to individual students, the Supreme Court acknowledged in its Wednesday opinion in Endrew F. v. Douglas County School District, is not an exact science. “A focus on the particular child is at the core of the IDEA,” Chief Justice John Roberts wrote for the unanimous Supreme Court. “The instruction offered must be ‘specially designed’ to meet a child’s ‘unique needs’ through an ‘[i]ndividualized education program.’”
But while this process can be difficult, it must provide meaningful educational benefits to disabled students?—?which brings us to Judge Gorsuch’s error in a 2008 opinion. In Thompson R2-J School District v. Luke P., a case brought by an autistic student whose parents sought reimbursement for tuition at a specialized school for children with autism, Gorsuch read IDEA extraordinarily narrowly.
Under Gorsuch’s opinion in Luke P., a school district complies with the law so long as they provide educational benefits that “must merely be ‘more than de minimis.’”
“De minimis” is a Latin phrase meaning “so minor as to merit disregard.” So Gorsuch essentially concluded that school districts comply with their obligation to disabled students so long as they provide those students with a little more than nothing.