FAPE Free, Appropriate Public Education : the standard for providing services to students with disabilities under I D EA

Previous to 1975 students with disabilities were excluded from public schools. 3 million students did not received education appropriate to their needs The problem

FAPE is... Provided at public expense Meets standards of State educational agency Includes appropriate preschool, elementary, or secondary school education that is... Provided in conformity with the IEP (Individualized Educational Program) Includes students with disabilities who have been suspended or expelled

4 Free Education No Exceptions Clarifications Without charge to parents only Applies only to special education & related services Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

5 FAPE must meet a student’s unique educational needs including: Mastery of academic subjects & basic skills Social, health, emotional, physical, & vocational needs Functional & self-help skills Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

6 Board of Ed. v. Rowley and the The Rowley Two-fold Inquiry Has the state complied with the procedures in the act? Amy’s school passed the procedural test Is the IEP reasonably calculated to enable the child to receive educational benefits? Amy was passing from grade to grade Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

7 Problem with Rowley Amy Rowley’s achievement status allowed the high court to sidestep prong two of the test – The substantive standard The FAPE standard is satisfied when a school is following procedural requirements and writes an IEP that confers some educational benefit Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

8 Components of a FAPE Procedural Requirements Substantive Requirements – Individualized Instruction – Educational Benefit – Progress toward IEP goals Related Services Least Restrictive Environment Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

9 Violations of FAPE Inadequate evaluations Lack of knowledgeable persons in IEP team Not notifying or involving parents Determining placement prior to writing the IEP Inadequacies in the IEP The education will not confer “meaningful educational benefit” Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved