Self-sufficiency Standard is Refuted by 9th Circuit

The 9th Circuit Court affirmed that IDEA '97 did not raise the Rowley standard for determining whether an IEP offered a free and appropriate education (FAPE) when it overturned a District Court granting reimbursement to the student. The District Court held that by its description of transition services as intending to foster independent living and economic self-sufficiency IDEA '97 had adopted a new standard of FAPE. The Circuit Court stated:

"We conclude that the District Court misinterpreted Congress' intent. Had Congress sought to change the free appropriate public education 'educational benefit' standard--a standard that courts have followed vis-a-vis Rowley since 1982--it would have expressed a clear intent to do so. Instead, three omissions suggest that Congress intended to keep Rowley intact. First, Congress did not change the definition of a free appropriate public education in any material respect. If Congress desired to change the free appropriate public education standard, the most logical way to do so would have been to amend the free appropriate public education definition itself. Second, Congress did not indicate in its definition of 'transition services', or elsewhere, that a disabled student could not receive a free appropriate public education absent the attainment of transition goals. Third, Congress did not express disagreement with the 'educational benefit' standard or indicate that it sought to supercede Rowley. In fact, Congress did not even mention Rowley. J.L. v. Mercer Island School District, 52 IDELR 241 (9th Circuit 2009).