Disability Law

Volume 89.4
In Need of Better Material: A New Approach to Implementation Challenges Under the IDEA
Annie Kors
B.A. 2018, Yale University; J.D. Candidate 2023, The University of Chicago Law School.

Thank you to Professor Emily Buss for thoughtful feedback throughout this process and to the incredible editors of the Law Review

How far may a school district deviate from the services specified in an IEP and remain in compliance with the IDEA? In other words, how much of the adequate written plan is the student in fact entitled to receive? There are two existing approaches to failure-to-implement cases: the materiality approach and the per se test. This Comment argues that both approaches are flawed.