Two Legal Cases That Changed Inclusion Forever

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Two Legal Cases That Changed Inclusion Forever

by Drs. KPF & JC | The Inclusion Podcast

Transcript [pdf]

SHOW NOTES

 

Key Takeaways

    • The Roncker Portability Test is a game-changer. It says that if a support or service can be delivered in General Ed, it should be. That’s not opinion- it’s legal precedent.
    • The Endrew F. case raised the bar. Schools must provide meaningful progress for students with disabilities, not just minimal gains.
    • Portable services are everywhere. Speech therapy, sensory supports, reading instruction—these can all be delivered inside general education.
    • Segregation must be the last resort. Inclusion isn’t about removing support— it’s about redesigning it to follow the student, not the other way around.
    • Meaningful IEPs require ambition. Goals must be challenging, individualized, and aligned with grade-level standards.

Episode Download/Handout

This 9-page handout covers the two landmark court cases every educator should know- Roncker v. Walter and Endrew F. v. Douglas County. You’ll get a breakdown of each case, what the rulings mean for inclusive education, and how to apply the legal tests to IEP decisions in real time. It also includes practical tips for designing portable supports and writing IEPs that are both ambitious and inclusive. [Download it now at inclusiveschooling.com/download47.]

 

Favorite Talking Points

    • “If the service is portable, it should be delivered in general education.” – The heart of the Roncker test.
    • “Students are entitled to meaningful progress, not just the bare minimum.” – The core message of Endrew F.

Practical Tips

    1. Test for Portability
      Ask: Can this support move into general ed? If yes, it belongs there.                                                                                                                                                                                   
    2. Design Inclusive IEPs
      Write goals that allow students to learn alongside peers, using real materials, in real contexts.                                                                                                                                                                                                                                                              
    3. Watch for the “Floor”
      If expectations are too low, challenge the assumption. Every student deserves growth.                                                                                                                                                                  
    4. Push the System— Legally and Practically
      Use these court cases to advocate for inclusive placements that reflect both student rights and best practice.

 

Additional Resources

 

    • Support Is a Verb: What Inclusive Teams Do: This one-page guide from Inclusive Schooling outlines key actions inclusive teams take to ensure meaningful support for all students. With a focus on collaboration, shared responsibility, and proactive problem-solving, it offers a practical snapshot of how educators and support staff can work together to create inclusive, supportive learning environments. Ideal for use in team meetings, PD sessions, or onboarding new staff.
    • Understanding Legally Defensible IEPs: What the Endrew F. Supreme Court Decision Means (and Why It Still Matters): This Inclusive Schooling blog unpacks the lasting impact of the Endrew F. Supreme Court decision and what it means for writing legally defensible, inclusive IEPs. Framed in everyday language for educators and families, it explores how the ruling raised expectations for student progress and emphasizes the importance of individualized, ambitious goals. A must-read for anyone committed to making IEPs meaningful, collaborative, and rooted in equity.
    • Inclusive Practices for Children and Youths With Communication Disorders: This ASHA policy statement outlines foundational principles for supporting students with communication disorders in inclusive settings. It emphasizes collaborative, team-based approaches; access to the general curriculum; and the use of individualized supports and services that promote full participation in school life. A helpful guide for educators and related service providers working to implement inclusive practices grounded in IDEA.
    • Joint Statement on Interprofessional Collaborative Goals in School-Based Practice: This joint statement from the American Occupational Therapy Association [AOTA], American Physical Therapy Association [APTA], and American Speech-Language-Hearing Association [ASHA] presents a unified vision for interprofessional collaboration in school-based practice. It highlights the importance of shared goals, inclusive service delivery, and coordinated teamwork to support student access, participation, and learning across educational settings.       
    • School-based Physical Therapy Services: Predicting the Gap between Ideal and Actual Embedded Services: This research study investigates the factors contributing to the gap between recommended best practices and the real-world delivery of embedded physical therapy services in schools. It highlights systemic barriers and explores predictors that influence whether physical therapy is integrated into daily routines versus delivered in isolated settings- offering insights for improving inclusive, team-based service models.

 

Get legal clarity and practical tools to advocate for inclusive IEPs.