Public Law 94-142: Six Major Components

Free and Appropriate Public Education (FAPE) mandates that school districts provide access to general education and specialized educational services, as stated in the

The IEP is created by a group of individuals who play an important role in the student’s success. Those that should be involved in the creation of the IEP are the parents of the students, at least one regular education teacher of the student, at least one special education teacher, a representative of the LEA who is able to supervise the plans, someone who is able to interpret evaluation results (may be someone already on the team), any other person who has knowledge about the student, and whenever possible, the student with the disability (Gibb & Dyches, 2016). The evaluation results will be used to decide the child’s eligibility for special education and related services and to make decisions about an appropriate educational program for the child. Once the student is tested and determined eligible for services the IEP must be written.

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

Under IDEA the law mandates the student to have an IEP team. The parent is encouraged to be a part of their child learning

When Public Law 94-142 was passed in 1975 it had a positive impact on the education for children with disabilities. Millions of children in the United States were supported by the law. These children had previously been excluded entirely from the education system.

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.

In this paper I will address a due process rights afforded to a student in a scenario presented by The American College of Education. I will explain the substantive and procedural due process rights as they relate to student discipline in the situation. I will give concepts, and examples relating to freedom of speech and privacy. I will address the IEP educational rights as I understand it within the scope of California and the federal IDEA legislation.

The ultimate goal of IDEA and Section 504 is to make sure that all students in special education programs receive a free and appropriate public education. A Free Appropriate Public Education (FAPE) means that a disabled child's education meets the standards of a state educational agency. It also means that the disabled child's individual needs are assessed and that he/she is provided with appropriate materials and resources in order to be successful in a mainstream classroom, at no cost to the parents or the student. FAPE goes beyond just ensuring high expectations in the classroom for children with disabilities; it is based on a child's individual needs. It is important that a child's abilities, as well as disabilities are assessed in order to determine exactly what is appropriate or inappropriate in terms of a student's goals, objectives, learning styles, environment, and placement.

In 1991 the Public Law 94-142, the Education for All Handicapped Children Act was replaced by the Individuals with Disabilities Education Act. This law was passed to provide free and appropriate public education to every child with a disability. It requires that each child with a disability “have access to the program best suited to that child’s special needs which is as close as possible to a normal child’s educational program” (Martin, 1978). The Individualized education program (IEP) was developed to help provide a written record of students’ needs and procedures for each child that receives special education services. The IEP will list all the services to be provided, the student's performance level, academic performance, and

The individualized education program (IEP) is a written plan that is developed with input from school, parents, and student and is designed to meet the unique academic, behavioral, social, and emotional needs of the student.

An IEP (Individual Education Plan) is used, before a term starts the school will hold a meeting for any outside agencies, the parents and teachers of the child to meet and discuss the next best plan of education for the child. Discussing the child’s interests preferred learning methods, targets, flexibility and interagency working with the child.

IEP’s which are individualized educational plan are very important documents, they are used to meet a student’s educational needs. There are certain criteria a student must meet to be eligible for special education services. A team of people work together to create

During the meeting, several issues are address such as concerns, activities, questions and changes in IEP goals. Student’s placement in a special education program is decided by the IEP team after parents or facilitator gives the ok for the students to begin receiving services that they are in desperate need of. Some decision that at made at the meeting are not always done with all parties in agreement with what needs to change. Some parents don’t agree with some of the services that will be provided to their child but, will need more time to think about the services and need the reason why some decisions where consider for their child, but never receive it. Some parents never agree and do not give their written consent for the services their child has received. When this issue is not resolved parents have the option to ask for mediation and a hearing but because of the backlog with the meeting process they feel that the meeting will not take place and their voice will never be heard. Parents know that in order to participate in their child’s IEP, teachers and the IEP team must know the students disability. Several Parents complain that some of the parties at the meeting do not know who their child is so how recommendations for services’ can made. Parents send principals letters demanding answers to their

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

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