Transcript Free Appropriate Public Education (FAPE) An Overview of the Law Individuals with Disabilities Education Act Purpose • To ensure that all children with disabilities have available to.

Free Appropriate Public
Education (FAPE)
An Overview of the Law
1
Individuals with Disabilities Education
Act
Purpose
• To ensure that all children
with disabilities have
available to them a free
appropriate public
education that emphasizes
special education and
related services designed to
meet their unique needs
and prepare them for
employment and
independent living
Key terms
– Free appropriate public
education (FAPE)
– Individualized education
program (IEP)
– Least restrictive environment
(LRE)
– Special Education
– Related Services
FAPE
Free, Appropriate, Public Education
• Provided at public expense
and under public
supervision and direction
• Meet the standards of the
state educational agency
• Include an appropriate
preschool, elementary
school, or secondary school
education
• Be delivered in conformity
with the IEP
Board of Education of Hendrick Hudson Central
School District v. Rowley, 458 U.S. 176 (1982)
• Parents of a deaf early elementary student want the school to
provide their daughter with a sign-language interpreter in class.
After a trial period, the district decided that the student only
needed an FM hearing aid, not an interpreter.
• The court held in favor of the district.
– FAPE consists of educational instruction specially designed to meet the
unique needs of the handicapped child, supported by such services as
are necessary to permit the child “to benefit” from the instruction.
– Such instruction and services must be provided at public expense,
must meet the State’s educational standards, must approximate the
grade levels used in the State's regular education, and must comport
with the child's IEP.
– Amy is receiving an “adequate” education, since she performs better
than the average child in her class and is advancing easily from grade
to grade.
Rowley Questions
• Has the state complied with IDEA’s procedural
requirements?
• Is the IEP reasonably calculated to enable the
child to receive educational benefits?
What does reasonably calculated to enable the
child to receive educational benefits mean?
• It is judged on an individual basis.
• It does not require an ideal education or one
that maximizes a child’s potential.
• The IEP must produce more than a trivial
educational benefit. The child must make
progress towards his/her educational goals.
• State laws may require a higher standard.
Individualized Education Program (IEP)
• The IEP is a written statement that outlines a
student’s needs and programs and services
the school will provide that is reasonably
calculated to give the child a meaningful
educational benefit.
• The IEP process develops and formalizes the
free appropriate public education.
IEP Requirements
Procedural – follow law in IEP
development process
• Notice to parents
• Follow timelines
• Parents involved in
decision-making process
• Evaluations
• Proper IEP team members
• IEP designed to provide
FAPE
• Implement IEP as written
Substantive – confer a
meaningful educational benefit
• Access student’s academic and
functional needs
• Base goals on student’s needs
• Complete, appropriate and
measurable goals
• Provide effective special
education and related services
• Includes transition services if
student 16 or older
• Monitor student progress
towards goals
IEP Team
Required Participants
Discretionary Participants
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The students’ parents or guardian
A special education teacher
A general education teacher
A representative of educational
agency(ies) who is
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qualified to provide or supervise the
provision of special education
knowledgeable about the general
education curriculum
knowledgeable about the available
resources in the school
A person who can interpret the
instructional implications of the
evaluation results (may be one of the
preceding team members)
The child, when appropriate
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Related services providers
A person with expertise in assistive
technology
For a transition IEP, a
representative of the agency that is
likely to provide or pay for the
transition services
Other persons, at the discretion of
the parents or the school; these
individuals must have knowledge or
special expertise about a student or
his or her disability
Part C provider if a child is eligible
for Part C
Most Common Mistakes in IEP
Development
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Failing to obtain informed
parental consent
Failing to ensure parents’
meaningful participation in the
IEP process
Predetermining IEP services and
placement
Improperly excusing IEP team
members
Improper IEP team membership
Failing to address transition to
postsecondary activities and
independent living
Failing to ensure a continuum of
alternative placements
8.
Failing to consider the five
“special factors” (i.e., behavior,
limited English proficiency,
blind/visually impaired,
deaf/hard of hearing)
9. Failing to follow proper
procedures for publicly placed
private school students
10. Failing to follow requirements
for interstate and intrastate
transfers
11. Failing to address a student’s
behavioral and emotional needs
12. Failing to establish and consider
existing evaluation data and
present levels of performance