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Article
When Good Enough Is No Longer Good Enough: How the High Stakes Nature of the No Child Left Behind Act Supplanted the Rowley Definition of a Free Appropriate Public Education
Journal of Law and Education (2012)
  • Evan D Blewett, DePaul University
  • Andrea Kayne Kaufman, DePaul University
Abstract
This Article asks the basic question whether the good enough education standard required by the Rowley Court is still good enough in the high-stakes context of the No Child Left Behind Act. In Hendrick Hudson School District v. Rowley, the Supreme Court provided a framework to determine whether students with disabilities are provided with a "free and appropriate public education" in accordance with the Individuals with Disabilities Education Act ("IDEA"). The Rowley Court interpreted IDEA as focusing more on students with disabilities accessing some educational benefits, rather than on assessing and maximizing their educational performance.
Keywords
  • rowley,
  • fape,
  • idea
Disciplines
Publication Date
Winter January 1, 2012
Citation Information
Evan D Blewett and Andrea Kayne Kaufman. "When Good Enough Is No Longer Good Enough: How the High Stakes Nature of the No Child Left Behind Act Supplanted the Rowley Definition of a Free Appropriate Public Education" Journal of Law and Education Vol. 41 Iss. 1 (2012)
Available at: http://works.bepress.com/evan_blewett/1/