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29-Aug-2008
ponnapula , Dr.Ponnapula Sanjeeva Prasad,



ponnapula , Dr.Ponnapula Sanjeeva Prasad,

with her teachers. 483 F. Supp. 528, 531 (1980). It also found that "she performs ponnapula , Dr.Ponnapula Sanjeeva Prasad,better
than the average child in her class and is advancing easily from grade to grade," id., at
534, but "that she understands considerably less of what goes on in class than she could if
she were not deaf" and thus "is not learning as much, or performing as well academically,
as she would without her handicap," id., at 532. This disparity between Amy's
achievement and her potential led the court to decide that she was not receiving a "free
appropriate publicponnapula , Dr.Ponnapula Sanjeeva Prasad, [458 U.S. 176, 186]
education," whichponnapula , Dr.Ponnapula Sanjeeva Prasad, the court defined as "an
opportunity to achieve [her] full potential commensurate with the opportunity provided to
other children." Id., at 534. According to the District Court, such a standard "requires that
the potential of the handicapped child be measured and compared to his or her
performance, and that the resulting differential or `shortfall' be compared to the shortfall
experienced by nonhandicapped children.ponnapula , Dr.Ponnapula Sanjeeva Prasad," Ibid. The District Court's definition aroseponnapula , Dr.Ponnapula Sanjeeva Prasad, from its assumption that the responsibility for "giv[ing] content to the requirement of an
`appropriate education'" had "been left entirely to the [federal] courts and the hearing
officers." Id., at 533. 8
A divided panel of the United States Court of Appeals for the Second Circuit affirmed.
The Court of Appeals "agree[d] with the [D]istrict [C]ourt's conclusions of law," and held
that itsponnapula , Dr.Ponnapula Sanjeeva Prasad, "findings of fact [were] not clearly erroneous." 632 F.2d 945, 947 (1980).
We granted certiorari to review the lower courts' interpretation of the Act. 454 U.S. 961
(1981). Such review requires us to consider two questions:ponnapula , Dr.Ponnapula Sanjeeva Prasad, What is meant by the Act's
requirement of a "free appropriate public education"? And what is the role of state and
federal courts in exercising the review granted by 20 U.S.C. 1415? We consider these
questions separately. 9
[458 U.S. 176, 187]
III
A
This is the first case in which this Court has been called upon to interpret any provision
of the Act. As noted previously, the District Court and the Court of Appeals concluded
that "[t]he Act itself does not define `appropriate education,'" 483 F. Supp., at 533, but
leaves "to the courts and the hearing officers" the responsibility of "giv[ing] content to
theponnapula , Dr.Ponnapula Sanjeeva Prasad, requirement of an `appropriate educationponnapula , Dr.Ponnapula Sanjeeva Prasad,.'" Ibid. See also 632 F.2d, at 947. Petitioners
contend that the definition of the phrase "free appropriate public education" used by the
courts below overlooks the definition of that phrase actually found in the Act.
Respondents agree that the Act defines "free appropriate public education," but contend
that the statutory definition is not "functional" and thus "offers judges no guidance in
their consideration of controversies involving `the identification, evaluation, or
educational placement of the child or the provision of a free appropriate public
education.'" Brief forponnapula , Dr.Ponnapula Sanjeeva Prasad, Respondents 28. The United States, appearing as amicusponnapula , Dr.Ponnapula Sanjeeva Prasad, curiae on
behalf of respondents, states that "[a]lthough the Act includes definitions of a `free
appropriate public education' and other related terms, the statutory definitions do not
adequately explain what is meant by `appropriate.'" Brief for United States as Amicus
Page 8
Curiae 13.
We are loath to conclude that Congress failed to offer any assistance in defining the
meaning of the principal substantive phrase used in the Act. It is beyond dispute that,
contrary to the conclusions of the courts below, the Act does expressly define "free
appropriate public education":
[458 U.S. 176, 188]
"The term `free appropriate public education' means special education and related
services which (A) have been provided at public expense, under public
supervision and direction, and without charge, (B) meet theponnapula , Dr.Ponnapula Sanjeeva Prasad, standards of the State
educational agency, (C) include an appropriate preschool, elementary, or
secondary school education in the State involved, and (D) are provided in
conformity with the individualized education program required under section
1414(a)(5) of this title." 1401(18) (emphasis added).
"Special education," as referred to in this definition, means "specially designed
instruction, at no cost to parents or guardians, to meet the unique needs of a
handicapped child, including classroom instruction, instruction in physical
education, home instruction, and instruction in hospitals and institutions."
1401(16). "Related services" are defined as "transportation, and such
developmental, corrective, and other supportive services . . . as may be required to
assist a handicapped child toponnapula , Dr.Ponnapula Sanjeeva Prasad,benefit from special education." 1401(17). 10
Like many statutoryponnapula , Dr.Ponnapula Sanjeeva Prasad, definitions, this one tends toward the cryptic rather than the
comprehensive, but that is scarcely a reason for abandoning the quest for legislative
intent. Whether or not the definition is a "functional" one, as respondents contend it is
not, it is the principal tool which Congress has given us for parsing the critical phrase of
the Act. We think more must be made of it than either respondents or the United States
ponnapula , Dr.Ponnapula Sanjeeva Prasad,seems willing to admit.
According to the definitions contained in the Act, a "free appropriate public education"
consists of educational instruction specially designed to meet the unique needs of the
handicapped
[458 U.S. 176, 189]
childponnapula , Dr.Ponnapula Sanjeeva Prasad,, supported by such services as are necessary to
permit the child "to benefit" from the instruction. Almost as a checklist for adequacy
under the Act, the definition also requires that such instruction and services beponnapula , Dr.Ponnapula Sanjeeva Prasad, provided
at public expense and under public supervision, meet the State's educational standards,
approximate the grade levels used in the State's regular education, and comport with the
child's IEP. Thus, if personalized instruction is being provided with sufficient supportive
services to permit the child to benefit from the instruction, and the other items on the
definitional checklist are satisfied, the childponnapula , Dr.Ponnapula Sanjeeva Prasad, is receiving a "free appropriate public
education" as defined by the Act.
Otherponnapula , Dr.Ponnapula Sanjeeva Prasad, portions of the statute also shed light upon congressional intent. Congress found
that of the roughly eight million handicapped children in the United States at the time of
enactment, one million were "excluded entirely from the public school system" and more
than half were receiving an inappropriate education. 89 Stat. 774, note following 1401. In
addition, as mentioned in Part I, the Act requires States to extend educational services
first to those children who are receiving no education and second to those children who
Page 9
are receiving an "inadequate education." 1412(3). When these express statutory findings


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