1. Free Appropriate Public Education

2. The FAPE Mandate IDEA Substantive requirements- special education and related services through the IEP Procedural- prior notice, parental consent, opportunity to examine records, IEE, due process Section 504 Comparability

3. Components Free Education- Special education and related services provided at no charge to the parent Can charge fees if general education students charged Costs can be considered in the decision making process Free does not pertain to third party payers

4. Components (cont.) State Standards- FAPE must meet state standards When a state standard is more demanding than IDEA, the state standard must apply The IEP- FAPE is realized through the IEP Residential school district responsible for developing the IEP Six components: PLEP’s, G&O’s, special ed. and related services, transition services, dates of beginning and duration, and objective criteria and evaluation procedures

5. Components (cont.) The IEP does not guarantee student achievement, nor hold teachers liable It does commit the school to provide special ed. and related services and to make good faith efforts to achieve the goals Meaningful benefit: goals are specific, sufficiently ambitious and measurable

6. Components (cont.) Related Services- supportive services to assist in the benefit of special education Included in the IEP at no cost Required only when necessary to assist them to benefit from their special education Courts have ordered districts to reimburse parents when found necessary for benefit

7. Methodology Questions of methodology are left for resolution by the states Lovaas- issue is appropriate vs. inappropriate As long as the school offers an appropriate program, the choice of educational methodology is up to the school district School districts need to provide a FAPE that results in meaningful benefit, and must have evaluation data to show that a student is progressing in the program

8. Extended School Year IDEA does not address the issue of ESY Courts have clearly stated that if ESY services are required to ensure a FAPE, they must be provided Criteria for determining ESY should take into account individual factors and particular circumstances that may merit inclusion in an ESY program in addition to regression/recoupment

9. Placement Decisions Placement decisions are made by the IEP team Parents need to take part in all placement decisions Student placements cannot be made prior to writing the IEP Placement determined by a variety of sources

10. Placement (cont.) 3 requirements: Based on the IEP (most appropriate setting), at least annually and conform to LRE rules (maximum extent appropriate and continuum of alternative placements) Schools cannot unilaterally change students’ placements

11. Litigation Rowley- if individualized instruction allowed the child to benefit from educational services and was provided in conformity with the other requirements, the student was receiving a FAPE Sufficient to confer some educational benefit Provide basic floor of opportunity consisting of specialized instruction and related services

12. Litigation (cont.) Rowley two part test- 1) has the school complied with the procedures of IDEA and 2) is the IEP reasonably calculated to enable the child to receive educational benefits Courts will 1) determine if the procedural requirements are being met, 2) examine the substantial requirements of FAPE and 3) determine if the special education is providing educational benefit

13. Litigation (cont.) Technical violations of the IDEA, if they result in no harm to the student’s education, usually don’t warrant an adverse court ruling What constitutes a meaningful education to particular students can only be ascertained on a case by case basis- the IEP will determine