FAPE Essay

As ADA does not have a responsibility for providing FAPE, only Section 504 and IDEA will be compared. Though both Section 504 and IDEA guarantee FAPE to students with disabilities, what qualifies an individual and what services are available to a student differ. Within the general education population, there are students with disabilities that do not have a significant impact on their education. These children need minor changes to their educational programs which can be reasonably implemented in the general education setting with general education support. Other students with more severe disabilities require more extensive services that cannot be reasonably implemented in general education. Assessment of the student’s needs will determine whether they qualify and are eligible for services under Section 504 or under IDEA.

The first key principle of the Individuals with Disabilities Education Act is that any student regardless of their disability is entitled to a free and appropriate public education. The term zero reject is commonly used to summarize this principle. An important component of zero reject is for school administrators to understand that the state is responsible for locating, identifying, and providing for students with disabilities from birth through age twenty-one. School officials play an important role in carrying out the state responsibility under the zero reject principle. This principle both implies and specifies the concept that no matter how severe the disability may seem, all children can learn, benefit from, and are entitled to a free and appropriate public education.

The very first to court verdict that advised there was a boundary to the resources that exceptional children can anticipate but they suggested that children with disabilities deserve more than an optimum education. Zirkel (2008) further argued that the court decision such case interpret the meaning of FAPE. He mentioned the initial purpose of the act was to give accessibility to public school and special education specifically, the connotation of FAPE was mainly technical (Zirkel, 2008). The court, however, further held that the substantive standard was that the IEP be fairly calculated to allow the child to obtain educational benefits (Zirkel, 2008); in reaching this substantive standard, the court overruled the higher standards of equal opportunity, self-sufficiency, and maximization. Furthermore, most of the lower courts were instructed to apply this standard with regard to school

“to the maximum extent appropriate” and provides that “when the nature or severity of the handicap is such that education and regular classes with the use of supplementary aids and services cannot be achieved satisfactorily” the student may be removed to a special education environment. (Beare, P., & Torgerson, C. , 2009, pg. 7)

IDEA 2004 defines FAPE as services that are provided at public expense, that the education meet educational standards, is appropriate for the child and conforms with the IEP (Murdick, 2014). In several cases judges have ruled on the bases of free and appropriate public education for all children. In Timothy(v) Rochester N.H. School District (1989) the judged ruled in favor of Timothy, as he stressed IDEA empathized “all handicapped”. In the Hendrick Hudson Central School District (v) Rowley the judged ruled in favor of an appropriate

The first two laws that dealt with this issue were the Rehabilitation Act of 1973 and the Education for All Handicapped Children Act of 1975. These laws provided federal funds and established regulations to protect equal access to a free, appropriate public education (FAPE) for students with disabilities. Over time, these laws have been amended and federal financial incentives have been tied to state compliance. Congress and the courts have clarified and reauthorized these laws along with passing additional legislation guaranteeing equal access and opportunities.

For students with documented special needs, the school makes additional accommodation. The Individuals with Disabilities Education Act (IDEA) is "designed to protect the rights of students with disabilities by ensuring that everyone receives a free appropriate public education (FAPE), regardless of ability" (IDEA, 2012, Kid's Health). IDEA mandates that students are educated in the least restrictive environment possible. It also recognizes that every child is different, and giving each child the same education does not mean that every child will receive the same quality of education.

This case was a very significant ruling for special education evident with numerous studies positing that the ruling of this 1982 case was perhaps the most important special education decision by the Supreme Court and to this day, continues to have a profound effect on the education of students with disabilities. Additionally, this was the first time that the Supreme Court had to interpret portions of the Individuals with Disabilities Act (IDEA 1990), which was then the Education for All Handicapped Children Act (EAHCA) as it relates to what constituted a free and appropriate education (FAPE) in the least restrictive environment (LRE).

1. FAPE Stands for Free Appropriate Public Education. There shall be a "zero reject" philosophy meaning that all children, regardless of their disability and the severity of the disability, will be provided with a free education that is tailored to their individual needs. Children will receive the necessary therapy needed at no cost to them or their families.

The Individuals with Disabilities Education Improvement Act of 2004 (IDEIA) mandates that “to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled”, and stipulates that “special classes, separate schools, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily” (IDEIA, P.L. 108-446 [Sec. 612 (a)(5)(A)], 2004). Likewise, the No Child Left

The most important section in the Individuals with Disabilities Act (IDEA) is section 1400, which describes the findings and purpose of the law. Even though the purpose of the law is to provide services and protect their rights, this law does not automatically guarantee all children with a disability eligibility for services under the law. There is more than one legal definition and they can still be very vague and confusing. To be eligible a child must have a disability that affects educational performance and needs special education and related services. The child must meet both criteria to be eligible for a free appropriate public education. Free Appropriate Public Education (FAPE) means special education and related services that are provided at public expense, meet the state standards, are appropriate, and are provided in conformity with an Individualized Education Plan (IEP). However, the term “appropriate” education, does not mean the best education, nor an education that maximizes the child’s full potential. It can also differ from one child to the next, because what

In a 2014 report from McCann, special education services were federally mandated for the first time in 1965 by the Education of Handicapped Children Act, and a two-year $3.5 million program was created to provide formula grants to states for funding education of special needs students. According to the website, www.understandingspecialeducation.com (2009), in 1975 Congress passed the Education for All Handicapped Children Act which guaranteed a “free and appropriate public education” (FAPE). This act was later modified and became the Individuals with Disabilities Education Act or IDEA. IDEA requires individual states to provide children with special education services as a condition of receiving federal funding for education. The largest portion of IDEA is called IDEA

The Individuals with Disabilities Education Act (IDEA) is a United States federal law that consents of four categories outlining how public agencies and individual states ensures that students with various disabilities are provided a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) that is conditioned to their specific needs regardless of their ability. This act mandates tailored services, educational modifications, and the main objective for these children throughout the nation is to supply them with the same possibility of getting an education as those who do not have a disability until the age of 21.

Public Law 94-142: The Education for All Handicapped Children Act of 1975, now called Individuals with Disabilities Education Act (IDEA), requires states to provide free, appropriate public education (FAPE) for every child regardless of disability. This federal law was the first to clearly define the rights of disabled children to receive special education services if their disability affects their educational performance. A parent of a special education student also has basic rights under IDEA including the right to have their child evaluated by the school district and to be included when the school district meets about the child or makes decisions about his or her education. If a child is identified as in need of special education

Special education has faced many changes during the last century. During this time there have been many opinions on the way students with differences should be taught and treated. This paper will discuss the history of special education during the twentieth century. We will also discuss the laws associated with Individuals with Disabilities Education Act (IDEA). Finally we will discuss the current and future challenges that the laws have on special education.