O.S. v. Fairfax Cnty. Sch. Bd., No. 14-1994 (4th Cir. 2015)Annotate this Case
Plaintiffs filed suit challenging a hearing officer's conclusion that the School Board had provided O.S. with a free and appropriate education (FAPE). The district court affirmed the hearing officer's decision. At issue was whether the standard for a FAPE under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq., has changed since Board of Education v. Rowley. The court held that it has not and that, in evaluating whether a school provides a FAPE, the court still looks to whether the individualized education program (IEP) provides some education benefit to the student. Applying that standard to this case, the court concluded that the district court did not err in finding that the School Board met that requirement. Accordingly, the court affirmed the judgment.