A CADILLAC, CHEVROLET, PICKUP TRUCK, OR CONVERTIBLE: ENDREW F. V. DOUGLAS COUNTY SCHOOL DISTRICT RE-1 AND A NOT-SO-INDIVIDUALIZED EDUCATION UNDER THE "SOME EDUCATIONAL BENEFIT" STANDARD

The Individuals with Disabilities Education Improvement Act guarantees a child with disabilities a free appropriate education tailored to the needs of that child through an individualized education plan. However, as the Tenth Circuit's decision in Endrew F. v. Douglas County School District RE-1 demonstrates, courts applying the "some educational benefit" standard fail to properly evaluate the substantive adequacy of an Individualized Education Plan in light of a child's unique needs, abilities, and circumstances. To ensure that children with disabilities receive the truly individualized education to which they are entitled, courts, state legislatures, and Congress must implement measures that encourage courts to recognize that education comes in all makes and models and varies according to the particular needs of different children.