It has not had the effect that parents hoped for.
William Moran, The IDEA Demands More: A Review of FAPE Litigation after Endrew F., 22 N.Y.U. J. Legis. & Pub. Pol’y 495 (2020)
School districts prevailed in the majority of IEP disputes decided since Endrew F. Between March 22, 2017 and March 22, 2020, 115 of 146 decisions (78.8%) found that IEPs satisfied the law. One hundred ten (75.3%) of those decisions affirmed lower court findings in favor of school districts. In the same time period, only 31 decisions (21.2% of the total) favored student litigants. These cases thus suggest - though not without limitation- that school districts dominated the courtroom before Endrew F., and continue to after Endrew F. For those expecting a sea change in FAPE litigation,126 there are 115 canaries in the IDEA coal mine.
