North East Indep Sch Dist v. M.
Split Score
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Case Summary
Disposition
Affirmed
The Fifth Circuit held that North East Independent School District denied an autistic student a Free Appropriate Public Education under the IDEA because his IEP insufficiently addressed dangerous elopement and toileting regression that occurred during school breaks. Affirming the district court, the panel ruled that the IEP was not sufficiently individualized and that the student’s behavioral regression outweighed his academic progress, requiring the district to provide more extensive extended-school-year services.
Circuit Split Identified
Legal Issue
What substantive test governs whether an individualized education program (IEP) provides a Free Appropriate Public Education under the Individuals with Disabilities Education Act (IDEA).
Circuit Positions
Apply the Michael F. factors; the IEP must be ‘reasonably calculated’ to confer meaningful academic and non-academic benefit in light of the child’s circumstances.
IEP is adequate if the school district made a good-faith effort to assist the student, even if more positive behavior interventions could have been employed.
Conflict Summary
The Fifth Circuit applies the four-factor Michael F. test—requiring individualized inquiry into academic and non-academic benefits—while the Eighth Circuit asks only whether the school district made a ‘good-faith effort’ to help the student achieve educational goals, deeming the availability of potentially better interventions ‘largely irrelevant.’