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6 Principles of Idea

Decent Essays

Due Process Safeguards (cont.)

* When the school and parents disagree on the identification, evaluation, placement, or provision of a free, appropriate public education and related services for the child, the parents may request a due process hearing. States are also required to offer parents an opportunity to resolve the matter through mediation by a third party before holding a due process hearing.

* Parents have the right to attorney’s fees if they prevail in due process or judicial proceedings under IDEA.

* IDEA also includes provisions that allow the court to award reasonable attorney’s fees to the prevailing school district against the attorney of a parent, or the parent who files a complaint that is frivolous, …show more content…

6.) Evaluation and placement decisions must be based on information that is useful in planning for the child’s education.

7.) An appropriate evaluation provides information to be used to determine the child’s eligibility for special education and related services.

These IDEA provisions are known as protection in evaluation procedures.

Free Appropriate Public Education (FAPE)

IDEA states that all children with disabilities, regardless of the type or severity of their disability, shall receive a free, appropriate public education, otherwise known as FAPE. An individualized education program (IEP) must be developed and implemented from the evaluation data collected during the child find process, to meet the unique needs of each student with a disability.

Free requires that the education of each child with a disability must be provided at public expense and at no cost to the child’s parents. The only exception is that incidental fees normally charged to non-disabled students or their parents as part of the regular education program may also be charged to students with disabilities and their parents.

Appropriate means that each child with a disability is entitled to an education that is “appropriate” for his or her needs. “Appropriate education” is determined on an individual

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