Children with disabilities are entitled to a Free and Appropriate Public Education (FAPE), which must meet state standards and be provided at no cost to the parents. The Individualized Education Program (
the IEP does obligate the school to deliver the special education and related services outlined in it and to genuinely strive to attain the goals
It's the school district's responsiblity to create an IEP
The IEP is like the heart of a student's FAPE, and it's the main thing that shows if the program is right for them.
Parent Participation
Federal and State law requires parent participation
"Researchers have shown that when parents of students with disabilities actively participate in their children’s special education programs, students show greater achievement and fewer problem behaviors"
Litigation
There is no substantive definition of FAPE
Rowley
The Supreme Court also ruled that the special education services provided to a student had to be “sufficient to confer some educational benefit upon the handicapped child”
Peer Review Research
According to the IDEA, a student’s IEP must contain: “A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable—that will be provided to the child”
According to NCLB peer-reviewed research is “research that has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review”
Placement
Follow LRE
This involves elements like (a) facilities, (b) equipment, (c) location, and (d) personnel necessary to provide the special education and related services stated in an IEP.
Must be reconsidered annually
Must consider the students IEP
Public Education
When parents opt for private schooling, their children forfeit the right to a FAPE, provided the school district offered one.
When school staff choose a private school for a student's FAPE, the local or state education agency must provide both FAPE and cover placement costs.
Must meet state standards
Free Education
School districts may not refuse to provide special education services because of the cost of those services.
Special education and related services with no charge.
Contains only to the parents
This includes evaluations conducted to decide FAPE