Free Appropriate Public Education Kristina Krampe, 2005 EDS 513: Legal Issues in Special Education

Introduction to the Presentation Prior to beginning this presentation, you should have read Chapter 9 of Yell’s (2006) The Law and Special Education, 2nd Edition Upon completion of this session, you should be able to discuss the provision of a FAPE to students with disabilities

FAPE Mandate Defined as special education and related services that: 3Are provided at no cost to parents 3Meet state standards 3Include appropriate education 3Conform with the individualized education program (IEP)

Components of a FAPE: Free Education Districts can’t deny FAPE based on cost of services Cost can be considered when several options available Requires appropriate education, not best possible education Reimbursement from other agencies acceptable Can charge for fees charged to students without disabilities

Components of a FAPE: State Standards Special education and related services must meet state standards Must meet, or exceed, federal standards set in the IDEA Teachers must meet licensure and certification requirements for the state

Components of a FAPE: Appropriate Education FAPE is delineated in the individualized education program (IEP) IEP developed in collaboration with child’s parents IEP describes student’s needs, details special education and related services to be provided, and lists student’s goals IEP commits school to make good faith effort to help student achieve educational goals

Related Services Defined as supportive services needed for student to benefit from special education Must be included in the IEP (including transportation needs) Provided at no cost to parents Excludes medical services provided by a physician and medical devices

Related Services Determined on individual basis Type and amount of services listed in the IEP Can’t be provided without complementary special education services May qualify as a special education service (e.g., speech therapy, physical therapy)

Litigation and Related Services Tatro 3School health services vs. medical services 3Set criteria - IDEA eligible; necessary service; & can be provided by school nurse or other qualified person Garret F. 3Rejected cost-based standard 3Upheld Tatro decision 3Must provide any and all necessary related services

Litigation and FAPE Rowley 3Appropriate education, not best possible education, required 3Two-part test: Has the school complied with the IDEA regulations? Was the IEP developed to enable the student to benefit educationally? 3Cadillac vs. Chevrolet

Litigation and FAPE Post-Rowley 3Technical violations that do no harm do not violate the FAPE requirements 3Must provide more than trivial education; districts responsible for adequacy of the IEP 3Type of education deemed meaningful determined based on student’s potential

Methodology and FAPE Parents can’t demand specific educational methodology as long as other methodology provides educational benefits Extended school year services must be provided based on regression/recoupment analysis + individual factors

Student Placement and FAPE Placement includes facilities, equipment, location, & personnel Made by knowledgeable persons, including parents Multiple sources of data; not one single factor Parental preference is not the most important factor

Student Placement and FAPE Decision based on student’s IEP Determined at least annually Provided to the maximum extent possible with students without disabilities (i.e., general education) As close to home as possible

Graduation and FAPE Regular high school diploma = termination of services Certificate of attendance = services until student ages out (e.g., 21 years old) IEP team should review IEP goals, provide written notice to parents, and provide summary of student achievement and performance at graduation

Recent Changes to FAPE Requirements Measurable and meaningful annual goals Scientifically-based instruction, especially reading Data collection on an on-going basis Changes made to programs when data indicate needs