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Free Appropriate Public Education

EDS 513: Legal Issues in Special Education. Free Appropriate Public Education . Kristina Krampe, 2005. Introduction to the Presentation. Prior to beginning this presentation, you should have r ead Chapter 9 of Yell’s (2006) The Law and Special Education, 2nd Edition

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Free Appropriate Public Education

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

  2. 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

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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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)

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

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

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

  12. 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

  13. 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

  14. 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

  15. 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

  16. 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

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