9th Circuit rejects attack on Rowley

J.L. v. Mercer Island, --- F.3d ----, 2009 WL 2393323, C.A.9 (Wash.),2009: This case is the latest unsuccessful parent effort to convince a court that Congress superceded the Rowley standard by amending the IDEA. Of particular note, the Court found that

three omissions suggest that Congress intended to keep Rowley intact. First, Congress did not change the definition of a free appropriate public education in any material respect. If Congress desired to change the free appropriate public education standard, the most logical way to do so would have been to amend the free appropriate public education definition itself. Second, Congress did not indicate in its definition of “transition services,” or elsewhere, that a disabled student could not receive a free appropriate public education absent the attainment of transition goals. Third, Congress did not express disagreement with the “educational benefit” standard or indicate that it sought to supersede Rowley. In fact, Congress did not even mention Rowley.