hendrick hudson dist bd ed rowley argued march decided june education handicapped act act provides federal money assist state local agencies educating handicapped children qualify federal assistance state must demonstrate detailed plan submitted federal approval effect policy assures handicapped children right free appropriate public education policy must tailored unique needs handicapped child means individualized educational program iep iep must prepared reviewed least annually school officials participation child parents guardian act also requires participating state provide specified administrative procedures child parents guardian may challenge change evaluation education child party aggrieved state administrative decisions authorized bring civil action either state federal district respondents child minimal residual hearing furnished school authorities special hearing aid use classroom receive additional instruction tutors child parents filed suit federal district review new york administrative proceedings upheld school administrators denial parents request child also provided qualified interpreter academic classes entering judgment respondents district found although child performed better average child class advancing easily grade grade performing well academically without handicap disparity child achievement potential held receiving free appropriate public education defined opportunity achieve full potential commensurate opportunity provided children appeals affirmed held act requirement free appropriate public education satisfied state provides personalized instruction sufficient support services permit handicapped child benefit educationally instruction instruction services must provided public expense must meet state educational standards must approximate grade levels used state regular education must comport child iep formulated accordance act requirements child educated regular classrooms iep reasonably calculated enable child achieve passing marks advance grade grade pp interpretation supported definitions contained act well provisions imposing procedural requirements setting forth statutory findings priorities follow extending educational services handicapped children act language contains express substantive standard prescribing level education accorded handicapped children pp act legislative history shows congress sought make public education available handicapped children intend impose upon greater substantive educational standard necessary make access public education meaningful act intent open door public education handicapped children means specialized educational services guarantee particular substantive level education inside pp congress sought provide assistance carrying constitutional responsibilities provide equal protection laws intend achieve strict equality opportunity services handicapped nonhandicapped children rather sought primarily identify evaluate handicapped children provide access free public education act require state maximize potential handicapped child commensurate opportunity provided nonhandicapped children pp suits brought act provisions must first determine whether state complied statutory procedures must determine whether individualized program developed procedures reasonably calculated enable child receive educational benefits requirements met state complied obligations imposed congress courts require pp although provisions limit courts ensuring complied act procedural requirements act emphasis procedural safeguards demonstrates legislative conviction adequate compliance prescribed procedures cases assure much congress wished way substantive content iep pp courts must careful avoid imposing view preferable educational methods upon determines act requirements met questions methodology resolution pp entrusting child education state local agencies leave child without protection demonstrated case parents guardians lack ardor seeking ensure handicapped children receive benefits entitled act pp act require provision interpreter neither courts found failure comply act procedures findings neither support conclusion child educational program failed comply substantive requirements act pp rehnquist delivered opinion burger powell stevens joined blackmun filed opinion concurring judgment post white filed dissenting opinion brennan marshall joined post raymond kuntz argued cause petitioners briefs robert stone jean coon paul sherman donald meserve michael chatoff argued cause filed brief respondents elliott schulder argued cause amicus curiae urging affirmance brief solicitor general lee assistant attorney general reynolds walter barnett louise lerner briefs amici curiae urging affirmance filed charles sims american civil liberties union jane bloom yohalem norman rosenberg daniel yohalem marian wright edelman association retarded citizens et al ralph moore franklin kramer maryland advocacy unit developmentally disabled et al marc charmatz janet stotland joseph blum national association deaf et al minna kotkin barry felder new york state commission quality care mentally disabled protection advocacy system michael rebell cerebral palsy associations et al norman gross gwendolyn gregory thomas shannon august steinhilber filed brief national school boards association et al amici curiae justice rehnquist delivered opinion case presents question statutory interpretation petitioners contend appeals district misconstrued requirements imposed congress upon receive federal funds education handicapped act agree reverse judgment appeals education handicapped act act stat amended et seq ed supp iv provides federal money assist state local agencies educating handicapped children conditions funding upon state compliance extensive goals procedures act represents ambitious federal effort promote education handicapped children passed response congress perception majority handicapped children either totally excluded schools sitting idly regular classrooms awaiting time old enough drop act evolution major provisions shed light question statutory interpretation heart case congress first addressed problem educating handicapped amended elementary secondary education act establish grant program purpose assisting initiation expansion improvement programs projects education handicapped children pub stat program repealed education handicapped act pub stat part established grant program similar purpose repealed legislation neither legislation contained specific guidelines state use grant money aimed primarily stimulating develop educational resources train personnel educating handicapped dissatisfied progress made earlier enactments spurred two district decisions holding handicapped children given access public education congress greatly increased federal funding education handicapped first time required recipient adopt goal providing full educational opportunities handicapped children pub stat statute statute recognized interim measure adopted order give congress additional year study additional federal assistance required enable meet needs handicapped children ensuing year study produced education handicapped children act order qualify federal financial assistance act state must demonstrate effect policy assures handicapped children right free appropriate public education policy must reflected state plan submitted approved secretary education describes detail goals programs timetables state intends educate handicapped children within borders receiving money act must provide education handicapped priority first handicapped children receiving education second handicapped children severe handicaps receiving inadequate education maximum extent appropriate must educate handicapped children children handicapped act broadly defines handicapped children include mentally retarded hard hearing deaf speech impaired visually handicapped seriously emotionally disturbed orthopedically impaired health impaired children children specific learning disabilities free appropriate public education required act tailored unique needs handicapped child means individualized educational program iep iep prepared meeting qualified representative local educational agency child teacher child parents guardian appropriate child consists written document containing statement present levels educational performance child statement annual goals including instructional objectives statement specific educational services provided child extent child able participate regular educational programs projected date initiation anticipated duration services appropriate objective criteria evaluation procedures schedules determining least annual basis whether instructional objectives achieved addition state plan iep already described act imposes extensive procedural requirements upon receiving federal funds provisions parents guardians handicapped children must notified proposed change identification evaluation educational placement child provision free appropriate public education child must permitted bring complaint matter relating evaluation education complaints brought parents guardians must resolved impartial due process hearing appeal state educational agency must provided initial hearing held local regional level thereafter ny party aggrieved findings decision state administrative hearing right bring civil action respect complaint state competent jurisdiction district without regard amount controversy thus although act leaves primary responsibility developing executing educational programs handicapped children imposes significant requirements followed discharge responsibility compliance assured provisions permitting withholding federal funds upon determination participating state local agency failed satisfy requirements act provision judicial review present except new mexico receive federal funds portions act issue today brief amicus curiae ii case arose connection education amy rowley deaf student furnace woods school hendrick hudson central school district peekskill amy minimal residual hearing excellent year began attending furnace woods meeting parents school administrators resulted decision place regular kindergarten class order determine supplemental services necessary education several members school administration prepared amy arrival attending course interpretation teletype machine installed principal office facilitate communication parents also deaf end trial period determined amy remain kindergarten class provided fm hearing aid amplify words spoken wireless receiver teacher fellow students certain classroom activities amy successfully completed kindergarten year required act iep prepared amy fall year iep provided amy educated regular classroom furnace woods continue use fm hearing aid receive instruction tutor deaf one hour day speech therapist three hours week rowleys agreed parts iep insisted amy also provided qualified interpreter academic classes lieu assistance proposed parts iep interpreter placed amy kindergarten class experimental period interpreter reported amy need services time school administrators likewise concluded amy need interpreter classroom reached conclusion consulting school district committee handicapped received expert evidence amy parents importance interpreter received testimony amy teacher persons familiar academic social progress visited class deaf request interpreter denied rowleys demanded received hearing independent examiner receiving evidence sides examiner agreed administrators determination interpreter necessary amy achieving educationally academically socially without assistance app pet cert examiner decision affirmed appeal new york commissioner education basis substantial evidence record pursuant act provision judicial review rowleys brought action district southern district new york claiming administrators denial interpreter constituted denial free appropriate public education guaranteed act district found amy remarkably child interacts communicates well classmates developed extraordinary rapport teachers supp also found performs better average child class advancing easily grade grade understands considerably less goes class deaf thus learning much performing well academically without handicap disparity amy achievement potential led decide receiving free appropriate public education defined opportunity achieve full potential commensurate opportunity provided children according district standard requires potential handicapped child measured compared performance resulting differential shortfall compared shortfall experienced nonhandicapped children ibid district definition arose assumption responsibility giv ing content requirement appropriate education left entirely federal courts hearing officers divided panel appeals second circuit affirmed appeals agree istrict ourt conclusions law held findings fact clearly erroneous granted certiorari review lower courts interpretation act review requires us consider two questions meant act requirement free appropriate public education role state federal courts exercising review granted consider questions separately iii first case called upon interpret provision act noted previously district appeals concluded act define appropriate education leaves courts hearing officers responsibility giv ing content requirement appropriate education ibid see also petitioners contend definition phrase free appropriate public education used courts overlooks definition phrase actually found act respondents agree act defines free appropriate public education contend statutory definition functional thus offers judges guidance consideration controversies involving identification evaluation educational placement child provision free appropriate public education brief respondents appearing amicus curiae behalf respondents lthough act includes definitions free appropriate public education related terms statutory definitions adequately explain meant appropriate brief amicus curiae loath conclude congress failed offer assistance defining meaning principal substantive phrase used act beyond dispute contrary conclusions courts act expressly define free appropriate public education term free appropriate public education means special education related services provided public expense public supervision direction without charge meet standards state educational agency include appropriate preschool elementary secondary school education state involved provided conformity individualized education program required section title emphasis added special education referred definition means specially designed instruction cost parents guardians meet unique needs handicapped child including classroom instruction instruction physical education home instruction instruction hospitals institutions related services defined transportation developmental corrective supportive services may required assist handicapped child benefit special education according definitions contained act free appropriate public education consists educational instruction specially designed meet unique needs handicapped child supported services necessary permit child benefit instruction almost checklist adequacy act definition also requires instruction services provided public expense public supervision meet state educational standards approximate grade levels used state regular education comport child iep thus personalized instruction provided sufficient supportive services permit child benefit instruction items definitional checklist satisfied child receiving free appropriate public education defined act portions statute also shed light upon congressional intent congress found roughly eight million handicapped children time enactment one million excluded entirely public school system half receiving inappropriate education stat note following addition mentioned part act requires extend educational services first children receiving education second children receiving inadequate education express statutory findings priorities read together act extensive procedural requirements definition free appropriate public education face statute evinces congressional intent bring previously excluded handicapped children public education systems require adopt procedures result individualized consideration instruction child noticeably absent language statute substantive standard prescribing level education accorded handicapped children certainly language statute contains requirement like one imposed lower courts maximize potential handicapped children commensurate opportunity provided children standard expounded district without reference statutory definitions even legislative history act although find statutory definition free appropriate public education helpful interpretation act remains question whether legislative history indicates congressional intent education meet additional substantive standard answer turn history much progress made last years take solace progress handicapped children fact receiving education recent statistics provided bureau education handicapped estimate million handicapped children receive educational services million handicapped children receiving appropriate education cong rec remarks williams house senate reports attribute impetus act predecessors two judgments rendered senate report passage act followed series landmark cases establishing law right education handicapped children first case pennsylvania assn retarded children commonwealth supp ed supp parc suit behalf retarded children challenging constitutionality pennsylvania statute acted exclude public education training case ended consent decree enjoined state deny ing mentally retarded child access free public program education training emphasis added parc followed mills board education district columbia supp dc case plaintiff handicapped children excluded district columbia public schools judgment quoted provided handicapped child eligible publicly supported education district columbia public schools shall excluded regular school assignment rule policy practice board education district columbia agents unless child provided adequate alternative educational services suited child needs may include special education tuition grants constitutionally adequate prior hearing periodic review child status progress adequacy educational alternative emphasis added act imposes clear obligation upon recipient beyond requirement handicapped children receive form specialized education perhaps best demonstrated fact congress explaining need act equated appropriate education receipt specialized educational services senate report recent statistics provided bureau education handicapped estimate million children handicapping conditions requiring special education related services million children receiving appropriate education statement reveals congress view million handicapped children receiving appropriate education followed immediately senate report table showing million handicapped children served slightly larger number unserved similar statement table appear house report evident legislative history characterization handicapped children served referred children receiving form specialized educational services characterization children unserved referred receiving specialized educational services example letter sent commissioner education house committee education labor signed two key sponsors act house asked commissioner identify number handicapped children served state letter asked statistics number children served various types special education program number children receiving educational services hearings subcommittee handicapped senate committee labor public welfare similarly senator randolph one act principal sponsors senate noted roughly handicapped children receiving special educational services characterizing million handicapped children served children receiving appropriate education senate house reports unmistakably disclose congress perception type education required act appropriate education provided personalized educational services provided ii educational opportunities provided public school systems undoubtedly differ student student depending upon myriad factors might affect particular student ability assimilate information presented classroom requirement provide equal educational opportunities thus seem present entirely unworkable standard requiring impossible measurements comparisons similarly furnishing handicapped children services available nonhandicapped children probability fall short statutory requirement free appropriate public education require hand furnishing every special service necessary maximize handicapped child potential think congress intended go thus speak terms equal services one instance gives less required act another instance theme act free appropriate public education phrase complex captured word equal whether one speaking opportunities services legislative conception requirements equal protection undoubtedly informed two district decisions referred cases mills parc held simply handicapped children may excluded entirely public education mills district said sufficient funds available finance services programs needed desirable system available funds must expended equitably manner child entirely excluded publicly supported education consistent needs ability benefit therefrom explaining need federal legislation house report noted congressional legislation required precise guarantee handicapped children basic floor opportunity bring compliance school districts constitutional right equal protection respect handicapped children assuming act designed fill need identified house report provide basic floor opportunity consistent equal protection neither act history persuasively demonstrates congress thought equal protection required anything equal access therefore congress desire provide specialized educational services even furtherance equality read imposing particular substantive educational standard upon district appeals thus erred held act requires new york maximize potential handicapped child commensurate opportunity provided nonhandicapped children desirable though goal might standard congress imposed upon receive funding act rather congress sought primarily identify evaluate handicapped children provide access free public education iii determination handicapped children receiving sufficient educational benefits satisfy requirements act presents difficult problem act requires participating educate wide spectrum handicapped children marginally profoundly retarded palsied clear benefits obtainable children one end spectrum differ dramatically obtainable children end infinite variations one child may little difficulty competing successfully academic setting nonhandicapped children another child may encounter great difficulty acquiring even basic skills attempt today establish one test determining adequacy educational benefits conferred upon children covered act case presented handicapped child receiving substantial specialized instruction related services performing average regular classrooms public school system confine analysis situation act requires participating educate handicapped children nonhandicapped children whenever possible mainstreaming preference act met child educated regular classrooms public school system system monitors educational progress child regular examinations administered grades awarded yearly advancement higher grade levels permitted children attain adequate knowledge course material grading advancement system thus constitutes important factor determining educational benefit children graduate public school systems considered society educated least grade level completed access education handicapped children precisely congress sought provide act language act legislative history considered together requirements imposed congress become tolerably clear insofar state required provide handicapped child free appropriate public education hold satisfies requirement providing personalized instruction sufficient support services permit child benefit educationally instruction instruction services must provided public expense must meet state educational standards must approximate grade levels used state regular education must comport child iep addition iep therefore personalized instruction formulated accordance requirements act child educated regular classrooms public education system reasonably calculated enable child achieve passing marks advance grade grade iv mentioned part act permits ny party aggrieved findings decision state administrative hearings bring civil action state competent jurisdiction district without regard amount controversy complaint therefore civil action may concern matter relating identification evaluation educational placement child provision free appropriate public education child reviewing complaint act provides shall receive record state administrative proceedings shall hear additional evidence request party basing decision preponderance evidence shall grant relief determines appropriate parties disagree sharply meaning provisions petitioners contending courts given limited authority review state compliance act procedural requirements power review substance state program respondents contending act requires courts exercise de novo review state educational decisions policies find petitioners contention unpersuasive congress expressly rejected provisions severely restricted role reviewing courts substituting current language statute language made state administrative findings conclusive supported substantial evidence conference committee explained courts make independent decision based preponderance evidence conf see also cong rec remarks williams although find grant authority broader claimed petitioners think fact found entitled procedural safeguards without significance elaborate highly specific procedural safeguards embodied contrasted general somewhat imprecise substantive admonitions contained act think importance congress attached procedural safeguards gainsaid seems us exaggeration say congress placed every bit much emphasis upon compliance procedures giving parents guardians large measure participation every stage administrative process see upon measurement resulting iep substantive standard think congressional emphasis upon full participation concerned parties throughout development iep well requirements state local plans submitted secretary approval demonstrates legislative conviction adequate compliance procedures prescribed cases assure much congress wished way substantive content iep thus provision reviewing base decision preponderance evidence means invitation courts substitute notions sound educational policy school authorities review importance congress attached compliance certain procedures preparation iep frustrated permitted simply set state decisions nought fact requires reviewing receive records state administrative proceedings carries implied requirement due weight shall given proceedings find nothing act suggest merely congress rather sketchy establishing substantive requirements opposed procedural requirements preparation iep intended reviewing courts free hand impose substantive standards review derived act short statutory authorization grant relief determines appropriate read without reference obligations largely procedural nature imposed upon recipient congress therefore inquiry suits brought twofold first state complied procedures set forth act second individualized educational program developed act procedures reasonably calculated enable child receive educational benefits requirements met state complied obligations imposed congress courts require assuring requirements act met courts must careful avoid imposing view preferable educational methods upon primary responsibility formulating education accorded handicapped child choosing educational method suitable child needs left act state local educational agencies cooperation parents guardian child act expressly charges responsibility acquiring disseminating teachers administrators programs handicapped children significant information derived educational research demonstration similar projects adopting appropriate promising educational practices materials face clear statutory directive seems highly unlikely congress intended courts overturn state choice appropriate educational theories proceeding conducted pursuant previously cautioned courts lack specialized knowledge experience necessary resolve persistent difficult questions educational policy san antonio independent school dist rodriguez think congress shared view passed act already demonstrated congress intention act displace primacy field education receive funds assist extending educational systems handicapped therefore determines requirements act met questions methodology resolution entrusting child education state local agencies leave child without protection congress sought protect individual children providing parental involvement development state plans policies supra formulation child individual educational program senate report committee recognizes many instances process providing special education related services handicapped children guaranteed produce particular outcome changing language provision relating individualized educational programs emphasize process parent child involvement provide written record reasonable expectations committee intends clarify individualized planning conferences way provide parent involvement protection assure appropriate services provided handicapped child vi applying principles facts case conclude appeals erred affirming decision district neither district appeals found petitioners failed comply procedures act findings neither support conclusion amy educational program failed comply substantive requirements act contrary district found evidence firmly establishes amy receiving adequate education since performs better average child class advancing easily grade grade light finding fact amy receiving personalized instruction related services calculated furnace woods school administrators meet educational needs lower courts concluded act requires provision interpreter accordingly decision appeals reversed case remanded proceedings consistent opinion ordered footnotes two cases mills board education district columbia supp dc pennsylvania assn retarded children commonwealth supp ed supp later identified prominent cases contributing congress enactment act statutes preceded decisions discussed part iii opinion functions commissioner education formerly officer department health education welfare transferred secretary education congress passed department education organization act et seq supp iv see supp iv despite preference mainstreaming handicapped children educating nonhandicapped children congress recognized regular classrooms simply suitable setting education many handicapped children act expressly acknowledges nature severity handicap may education regular classes use supplementary aids services achieved satisfactorily act thus provides education handicapped children separate classes institutional settings see ibid addition covering wide variety handicapping conditions act requires special educational services children regardless severity handicap requirements parents permitted file complaints regarding child education present child iep formulated represent two examples congress effort maximize parental involvement education handicapped child addition act requires parents permitted examine relevant records respect identification evaluation educational placement child obtain independent educational evaluation child see also state educational policies state plan submitted secretary education must formulated consultation individuals involved concerned education handicapped children including handicapped individuals parents guardians handicapped children see also local agencies receive funds act applying state agency must submit applications assure developed procedures participation consultation parents guardian handicapped children local educational programs iii application along pertinent documents related application must made available parents guardians members general public party state local administrative hearing must accorded right accompanied advised counsel individuals special knowledge training respect problems handicapped children right present evidence confront cross examine compel attendance witnesses right written electronic verbatim record hearing right written findings fact decisions reasons revealed record district concluded act define appropriate education fact act expressly defines phrase free appropriate public education see district referring see overlooking statutory definition district sought guidance regulations interpreting act regulations promulgated rehabilitation act see citing cfr iep respondents challenged district created school year petitioners contend district erred reviewing iep school year ended school administrators able develop another iep subsequent years disagree judicial review invariably takes nine months complete mention time consumed preceding state administrative hearings district thus correctly ruled retained jurisdiction grant relief alleged deficiencies iep capable repetition parties yet evading review supp see murphy hunt weinstein bradford examples related services identified act speech pathology audiology psychological services physical occupational therapy recreation medical counseling services except medical services shall diagnostic evaluation purposes dissent finding standard courts seems reflect congressional purpose act post concludes answer question satisfactory one post presumably dissent also agrees district conclusion left entirely courts hearing officers give content requirement appropriate education thus seems dissent give courts carte blanche impose upon whatever burden various judgments indicate imposed indeed dissent clearly characterizes requirement appropriate education noting limits evident face statute may considered appropriate education must found purpose statute legislative history post unable find suggestion face statute requirement appropriate education limitless also view dissent approach contrary fundamental proposition congress exercising spending power impose burden upon unless unambiguously see infra one doubt easier case congress seen fit provide comprehensive statutory definition phrase free appropriate public education congress problem construe congress written congress expresses purpose words us ascertain neither add subtract neither delete distort cases jam less faithful obligation construe congress written case disregard statutory language legislative history act concluding congress imposed upon burden unspecified proportions weight revealed adjudication courts see note education handicapped children act ref see cong rec remarks javits often handicapped citizens denied opportunity receive adequate education remarks cranston millions handicapped children largely excluded educational opportunities give children remarks mink handicapped children denied access public schools lack trained personnel similarly senate report ncreased awareness educational needs handicapped children landmark decisions establishing right education handicapped children pointed necessity expanded federal fiscal role see also substantive standard implied cases comports standard implicit act parc child must receive access free public program education training appropriate learning capacities emphasis added state action required appears needs mentally retarded child adequately served emphasis added mills also speaks terms adequate educational services sets realistic standard providing educational services child every need met sufficient funds available finance services programs needed desirable system available funds must expended equitably manner child entirely excluded publicly supported education consistent needs ability benefit therefrom inadequacies district columbia public school system whether occasioned insufficient funding administrative inefficiency certainly permitted bear heavily exceptional handicapped child normal child like act parc required state identify locate evaluate handicapped children create child individual educational program hold hearing change educational assignment mills also required preparation individual educational program child addition mills permitted child parents inspect records relevant child education obtain independent educational evaluation child object iep receive hearing independent hearing officer represented counsel hearing right confront adverse witnesses also permitted act like act mills also required education handicapped children conducted pursuant overall plan prepared district columbia established policy educating handicapped children nonhandicapped children whenever possible ibid see statute incorporated major principles right education cases add ing important new provisions education handicapped act require establish goal providing full educational opportunities handicapped children provide procedures insuring handicapped children parents guardians guaranteed procedural safeguards decisions regarding identification evaluation educational placement handicapped children establish procedures insure maximum extent appropriate handicapped children educated children handicapped establish procedures insure testing evaluation materials procedures utilized purposes classification placement handicapped children selected administered racially culturally discriminatory house report explains act simply incorporated purposes statute act intended primarily amend education handicapped act order provide permanent authorization comprehensive mechanism insure provisions enacted congress statute result maximum benefits handicapped children families thus statute purpose providing handicapped children access public education became purpose act statistics appear repeatedly throughout legislative history act demonstrating virtual consensus among legislators million handicapped children receiving appropriate education see cong rec remarks williams remarks schweicker remarks madden ibid remarks brademas remarks minish remarks brademas remarks gude remarks javits remarks hathaway senator randolph stated nly percent handicapped children percent handicapped children receiving special educational services hearings subcommittee handicapped senate committee labor public welfare although figures differ slightly various parts legislative history general thrust congressional calculations roughly handicapped children receiving specialized educational services thus served see cong rec remarks javits percent nation handicapped children received proper education services remarks humphrey lmost million handicapped children school receive none special services require order make education meaningful experience remarks quie percent handicapped children receiving public education remarks biaggi ver million handicapped children country receiving either par education none statements similar appearing text equate served appears senate report receiving special educational services appear throughout legislative history see remarks williams remarks javits remarks stone remarks humphrey remarks brademas hearings subcommittee select education house committee education labor hearings select subcommittee education house committee education labor see also cfr seeking read act language legislative history permit focuses upon word appropriate arguing statutory definitions adequately explain means brief amicus curiae whatever congress meant appropriate education clear mean education term used reference educating handicapped appears originated parc decision district required handicapped children provided education training appropriate learning capacities word appears mills decision district one point referring need appropriate educational program another point speaking suitable education cases also refer need adequate education see use appropriate language act although means definitive suggests congress used word much describe settings handicapped children educated prescribe substantive content supportive services education example requires handicapped children educated classrooms nonhandicapped children maximum extent appropriate similarly provides whenever appropriate handicapped children attend participate meeting iep drafted addition definition free appropriate public education instruction given handicapped children appropriate preschool elementary secondary school level act use word appropriate thus seems reflect congress recognition settings simply suitable environments participation handicapped children least statutory uses word refute contention congress used appropriate term art concisely expresses standard found lower courts see also cong rec remarks williams remarks humphrey view supported congressional intention frequently expressed legislative history handicapped children enabled achieve reasonable degree referring statistics showing many handicapped children excluded public education senate report long range implications statistics public agencies taxpayers spend billions dollars lifetimes individuals maintain persons dependents minimally acceptable lifestyle proper education services many able become productive citizens contributing society instead forced remain burdens others services increase independence thus reducing dependence society see also similarly one principal senate sponsors act stated providing appropriate educational services means many individuals able become contributing part society depend subsistence payments public funds cong rec remarks williams see also remarks harkin remarks brademas remarks gude remarks randolph remarks williams desire provide handicapped children attainable degree personal independence obviously anticipated state educational programs confer educational benefits upon children time goal achieving degree cases good deal modest goal adopted lower courts despite frequent mention conclude dissent appeals substantive standard congress imposed upon many mildly handicapped children achieve without state assistance personal independence severely handicapped may unreachable goal substantive standard inadequate protection overly demanding requirement thus view references legislative history evidence congress intention services provided handicapped children educationally beneficial whatever nature severity handicap title requires participating establish procedures assure maximum extent appropriate handicapped children including children public private institutions care facilities educated children handicapped special classes separate schooling removal handicapped children regular educational environment occurs nature severity handicap education regular classes use supplementary aids services achieved satisfactorily hold today every handicapped child advancing grade grade regular public school system automatically receiving free appropriate public education case however find amy academic progress considered special services professional consideration accorded furnace woods school administrators dispositive defending decisions district appeals respondents rely upon isolated statements legislative history concerning achievement maximum potential see support contention congress intended impose greater substantive requirements found statements however thin reed base interpretation act disregards language balance legislative history passing references isolated phrases controlling analyzing legislative history department state washington post moreover even agree statements evince congressional intent maximize child potential hold congress successfully imposed burden upon egislation enacted pursuant spending power much nature contract return federal funds agree comply federally imposed conditions legitimacy congress power legislate spending power thus rests whether state voluntarily knowingly accepts terms contract accordingly congress intends impose condition grant federal moneys must unambiguously pennhurst state school halderman omitted already demonstrated act history impose requirements like imposed district appeals fortiori congress done unambiguously required valid exercise spending power inquiry require satisfy state adopted state plan policies assurances required act also determine state created iep child question conforms requirements handicapped child educated regular classrooms public school system achievement passing marks advancement grade grade one important factor determining educational benefit see part iii supra case example state hearing officer district presented evidence best method educating deaf question long debated among scholars see large special problems deaf education handicapped children act district accepted testimony respondents experts trend supported studies showing greater degree success students brought deaf households using method communication used rowleys clear congress aware traditional role formulation execution educational policy historically primary responsibility education children elementary secondary level cong rec remarks dole see also epperson arkansas large public education nation committed control state local authorities addition providing extensive parental involvement formulation state local policies well preparation individual educational programs act ensures receive advice experts field educating handicapped children condition receiving federal funds act must create advisory panel appointed governor official authorized state law make appointments composed individuals involved concerned education handicapped children including handicapped individuals teachers parents guardians handicapped children state local education officials administrators programs handicapped children advises state educational agency unmet needs within state education handicapped children comments publicly rules regulations proposed issuance state regarding education handicapped children district declined reach respondents contention petitioners failed comply act procedural requirements developing amy iep case must remanded proceedings consistent opinion justice blackmun concurring judgment although reach result today read legislative history goals education handicapped act differently congress unambiguously stated intended take active role responsibility equal protection laws guarantee handicapped children provided equal educational opportunity emphasis added see also requiring establish plans goal providing full educational opportunity handicapped children observed seems plain congress enacting statute intended merely set politically essentially meaningless language handicapped deserve hands state authorities pennhurst state school halderman opinion concurring part concurring judgment clarity legislative intent convinces relevant question says whether amy rowley individualized education program reasonably calculated enable receive educational benefits ante measured part whether achieve passing marks advance grade grade ante rather question whether amy program viewed whole offered opportunity understand participate classroom substantially equal given nonhandicapped classmates standard predicated equal educational opportunity equal access educational process rather upon amy achievement particular educational outcome answering question believe district appeals given greater deference findings school district impartial hearing officer state commissioner education sustained petitioners refusal add interpreter amy individualized education program cf requiring reviewing receive records administrative proceedings granting relief suggest courts focused narrowly presence absence particular service interpreter rather total package services furnished amy school board demonstrates ante petitioner board provided amy rowley considerably teacher loud voice see post dissenting opinion concentrating whether amy learning much performing well academically without handicap supp sdny district appeals paid little attention whether entire record respondent individualized education program offered educational opportunity substantially equal provided nonhandicapped classmates believe standard satisfied agree judgment appeals reversed justice white justice brennan justice marshall join dissenting order reach result case majority opinion contradicts language statute legislative history majority standard free appropriate education standard judicial review disregard congressional intent majority first turns attention meaning free appropriate public education act provides term free appropriate public education means special education related services provided public expense public supervision direction without charge meet standards state educational agency include appropriate preschool elementary secondary school education state involved provided conformity individualized education program required section title agree language act contain substantive standard beyond requiring education offered must appropriate however limits evident face statute may considered appropriate education must found purpose statute legislative history act announces provide full educational opportunity handicapped children emphasis added goal repeated throughout legislative history statements frequent passing references isolated phrases ante quoting department state washington post statements elucidate meaning appropriate according senate report example act guarantee handicapped children provided equal educational opportunity emphasis added promise appears throughout legislative history see cong rec remarks randolph humphrey beall brademas cornell grassley perkins mink taft williams cranston beall indeed times purpose act described tailoring handicapped child educational plan enable child achieve maximum potential pp see cong rec senator stafford one sponsors act declared agree education given handicapped child equivalent least one children handicapped receive legislative history thus directly supports conclusion act intends give handicapped children educational opportunity commensurate given children majority opinion announces different substantive standard congress impose upon greater substantive educational standard necessary make access meaningful ante meaningful enlightening appropriate purports clarify amy provided specialized instruction obtained benefit passed grade grade receiving meaningful therefore appropriate education falls far short act intended act details specifically possible kind specialized education handicapped child must receive apparently satisfy standard access specialized instruction related services individually designed provide educational benefit handicapped child ante deaf child amy given teacher loud voice benefit service act requires defines special education mean specifically designed instruction cost parents guardians meet unique needs handicapped child emphasis added providing teacher loud voice meet amy needs satisfy act basic floor opportunity instead courts recognized intended eliminate effects handicap least extent child given equal opportunity learn reasonably possible amy rowley without interpreter comprehends less half said classroom less half normal children comprehend hardly equal opportunity learn even amy makes passing grades despite reliance use appropriate definition act majority opinion speculates congress used word much describe settings handicapped children educated prescribe substantive content supportive services education ante course word appropriate applied many ways times act congress used recommend mainstreaming handicapped children points used word refer content individualized education issue us standard word appropriate incorporates used modify education answer given satisfactory one ii discussion standard judicial review flawed discussion free appropriate public education according ask whether state complied procedures set forth act whether individualized education program reasonably calculated enable child receive educational benefits ante language act legislative history however demonstrate congress intended courts conduct far searching inquiry majority assigns major significance review provision found section entitled procedural safeguards else provision judicial review belong majority acknowledge current language specifying shall receive records administrative proceedings shall hear additional evidence request party basing decision preponderance evidence shall grant relief determines appropriate substituted conference language restricted role reviewing much sharply clear enough congress decided reduce substantially judicial deference state administrative decisions legislative history shows judicial review limited procedural matters state educational agencies given first final responsibility content handicapped child education conference committee directs courts make independent decision conf deliberate change review provision unusually clear indication congress intended courts undertake substantive review instead relying conclusions state agency floor senate senator williams chief sponsor bill committee chairman floor manager responsible legislation senate emphasized breadth review provisions administrative judicial levels parent guardian may present complaint concerning matter regarding identification evaluation educational placement child provision free appropriate public education child regard president like stress language referring free appropriate education adopted make clear complaint may involve matters questions respecting child individualized education program questions whether special education related services provided without charge parents guardians questions relating whether services provided child meet standards state education agency question within scope definition free appropriate public education addition clear parent guardian may present complaint alleging state local education agency refused provide services child may entitled alleging state local educational agency erroneously classified child handicapped child fact child handicapped child cong rec emphasis added thus limitations judicial review support either language act legislative history congress envision inquiry end showing made child receiving passing marks advancing grade grade instead intended permit full searching inquiry aspect handicapped child education standard example permit challenge part iep legislative history demonstrates beyond doubt congress intended challenges possible even plan developed reasonably calculated give child benefits parents challenge iep failing supply special education related services needed individual handicapped child rowleys government observes courts called upon review content iep accordance inevitably required make judgment basis evidence presented concerning whether educational methods proposed local school district appropriate handicapped child involved brief amicus curiae courts required act precisely judicial review provisions act neither district appeals bound state construction appropriate education means general state authorities considered appropriate education amy rowley standard courts seems reflect congressional purpose factual findings clearly erroneous respectfully dissent opinion relies heavily statement occurs throughout legislative history time enactment one million roughly eight million handicapped children excluded entirely public school system half receiving inappropriate education see ante statement often linked statements urging equal educational opportunity see cong rec remarks cranston remarks brademas congress wanted bring handicapped children schoolhouse also benefit entered support conclusion majority opinion turns pennsylvania assn retarded children commonwealth supp ed supp parc mills board education district columbia supp dc decisions served impetus act however establish limits act case language majority quotes mills ante sets standard education educational opportunity equal nonhandicapped children indeed mills relying decisions since called question opinion san antonio independent school dist rodriguez hobson hansen supp dc judge wright found denying poor public school children educational opportunity equal available affluent public school children violative due process clause fifth amendment fortiori defendants conduct denying plaintiffs class equal publicly supported education publicly supported education providing education children violative due process clause whatever effect rodriguez validity reasoning statement exposes majority mischaracterization opinion thus assumptions legislature passed act related services transportation developmental corrective supportive services may required assist handicapped child benefit special education