Two days ago, the US Supreme Court stated in a unanimous decision that education for children with special needs has to go beyond, what Neil Gorsuch ruled, which was "merely... more than de minimus" progress.
Children who do not have special needs have to take rigorous standardized exams. If they perform poorly, even if there is merely more than minimal progress than the year before, teachers and schools will be blamed. Many schools have closed due to students performing poorly on these exams. Making merely more than minimal progress does not apply to children without disabilities. If it did, standardized exams and even much of the cirriculum would be unnecessary.
Applying a lower standard for educational progress for neurotypical children than individuals, who through no choice of their own need additional services, clearly is discriminatory. The United States Supreme Court made the right decision.