Every child is entitled to a free appropriate public education (FAPE). The Individuals with Disabilities Education Act (IDEA) ensures that all children with disabilities have access to a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet the child’s unique needs and prepare them for further education, employment, and independent living. The Individuals with Disabilities Education Act (IDEA) is a federal civil rights statute that requires all public-school districts to locate, identify, and evaluate all children suspected of having disabilities that are impacting them in the school setting. This concept is known as “Child Find”. The three areas that are generally indicators that a student may be in need of special education are: (1) academics (grades and test scores); (2) attendance and (3) behavior (formal and informal discipline). If a student is struggling in any of these areas or al three of these areas, the district is obligated to investigate if the student has a disability and is in need of individualized support and services. If a student is found to have a disability, this does not automatically entitle them to special education services. It is a two-step inquiry: (1) does the student have a qualifying disability and (2) is the student in need of specialized instruction. Special education is defined as instruction that is specially designed to meet your child’s unique needs. Specially designed instruction means adapting the content, methodology, or delivery of instruction: (a) to address the unique needs of your child that result from his or her disability, and (b) to ensure your child’s access to the general education curriculum so that he or she can meet the educational standards that apply to all children within the jurisdiction of the school system. What a student requires to receive a FAPE is set forth in an Individualized Education Plan (IEP). An IEP is reviewed at least annually to ensure that the student is making adequate progress in light of the student’s circumstances.
Defining FAPE in Special Education
The IDEA represents an ambitious national undertaking to promote the education of children with disabilities. Congress enacted the IDEA in light of its observation that most disabled children “were either totally excluded from schools or were sitting idly in regular classrooms awaiting the time when they were old enough to drop out. The IDEA offers the States federal funds in exchange for a commitment to provide all “children with disabilities” individually tailored special education, also known as a “free appropriate public education” or “FAPE.”
- Free—without charge to parents or children;
- Appropriate—in keeping with an individualized education program (IEP);
- Public—at public expense, under public supervision and direction;
- Education—preschool, elementary and secondary school.
The requirement to provide a FAPE only applies to public schools and public charter schools. It does not apply to private school programs, private charter schools programs or voucher programs.
The Importance of Individualization
- Individualization is a cornerstone of providing a free appropriate public education known as FAPE. Each student has distinct strengths and challenges, so it’s crucial for their education to accommodate these individual needs of the student. The specialized instruction and related services and supports required for a student to receive a FAPE must be designed to address each student’s specific learning needs, allowing them to make meaningful progress in their education. This individualized approach is not limited to just academic instruction but also extends to independent functioning, communication and social and emotional domains. Students with disabilities may require counseling, therapy, or behavioral interventions as part of their educational plan. Related services are defined in IDEA’s regulations as transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education. Related services may include, but are not limited to:
- Physical therapy and occupational therapy and Psychological services and speech-language pathology services
- Audiology services
- Counseling services, including rehabilitation counseling
- Early identification and assessment of disabilities in children
- Interpreting services
- Medical services for diagnostic or evaluation purposes only
- Orientation and mobility services
- Parent counseling and training
- Recreation, including therapeutic recreation
- School health services and school nurse services
- Social work services in schools
- And any other developmental, corrective, or support services that are required to help a child benefit from special education.
Rights and Legalities of FAPE
In the realm of special education, both the students and their parents’ rights are crucial components. Being aware of these rights can significantly impact the educational experience for students with disabilities, ensuring that they receive the supports and services they are entitled.
Parental Involvement
Parental involvement forms a cornerstone of the legal framework surrounding FAPE. Parents are entitled to be fully involved in decisions regarding their child’s education, including active participation in the development of the Individualized Education Plan (IEP) and the provision of services under the IDEA.
Empowering parents to collaborate with educators helps ensure that the education plan is tailored to meet the unique needs of their child. Their input is highly valued and in fact required. Parents are equal team members and are entitled to have the same information as the school/district staff. Parents should not be afraid to exercise this right by requesting records and asking for explanations of information that they do not understand. Parents also have a right to have meetings scheduled at dates and times convenient to them as well as the school. Parents are entitled to reasonable notice. Parents are also entitled to review any documents that were used to create the IEP before the meeting so that they can be prepared to actively participate in that meeting.
U.S. Department of Education
The U.S. Department of Education provides funding to states who agree to identify, locate and evaluate any child reasonably suspected of having a disability. As such, they act as the enforcer and regulator of the IDEA, providing crucial guidelines and regulations that school districts must abide by to guarantee that students with disabilities receive an appropriate education. This legal framework plays a pivotal role in protecting the rights of students with disabilities and ensuring compliance by educational institutions.
The U.S. Department of Education’s regulations provide the basic floor of what an appropriate education is for students with disabilities. The states can provide more. The U.S. Department of Education serves as a shield, safeguarding against discriminatory practices and ensuring that students with disabilities are provided with equitable opportunities for learning and growth. These regulations reinforce the commitment to uphold the principles of inclusivity in educational settings, emphasizing that every student deserves access to an appropriate education tailored to their individual needs.
In essence, understanding these legal aspects is vital for advocating for the rights and well-being of students with disabilities, ensuring that they receive the educational support they are entitled to under the IDEA and related state laws.
The Core Components of an Individualized Education Program (IEP)
The principal vehicle for providing a free appropriate public education (FAPE) is an individualized education plan (“IEP”) prepared by the child’s parents, teachers, and school officials that is reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances. It is more than just a piece of paper; it sets forth the individualized supports and services the student will need to receive a FAPE in the school setting. If the school does not implement the plan was written, the school is not providing the student with a FAPE.
Assessments and Goal Setting
An IEP starts by looking at where the student is now—what they know, what they can do, and where there are deficits. THE IEP must look at the whole child in the areas of academics, independent functioning, social emotional and communication. The IEP team should gather data through assessments, evaluations and observations. Then the student’s present levels can be documented, and deficits can be identified along with how those deficits are impacting the student in the school setting. Once the impact of any deficits are identified, the IEP team must set priority education needs and draft individualized goals related thereto. IEP GOALS must be specific, measurable, attainable, relevant and time based. Goals are written for what the team believes the student can accomplish during one year. The IEP must also set forth how progress on the goals will be measured. This measurement should include both subjective and objective data that can be reviewed by the team. The IEP team must review the goals at least once annually. With well-defined and measurable goals in place, it becomes easier for the whole team—teachers, parents, and specialists—to work together and focus on helping the student achieve those specific goals.
Accommodations
Accommodations are anything the student needs to access his education, including not only the educational environment like a rape or elevator, but also the educational materials like text books and manipulatives. Accommodations are NOT modifications. Accommodations do not give the disabled student an unfair advantage. Accommodations do not make things easier for the student with a disability. Accommodations level the playing field so that the student has equal access to the same information and environment that nondisabled students have. There is no set list of accommodations. Some examples of often utilized accommodations include: extra time, paper based testing, note taking assistance, a visual schedule, use of lined paper, use of a fidget or sensory item, taking a picture of an assignment with a cell phone, having test questions read aloud, being able to type an answer instead of writing it, use of assistive technology like speech to text and text to speech, audio books.
Modifications
On the other hand, modifications change what a student is taught or expected to learn. For example a student in 7th grade might be learning math on a 2nd grade level. There is no requirement that a student on a modified curriculum will be functioning on grade level as they move from grade to grade. For example, there is no requirement that a student be functioning at a 12th grade level when they graduate high school.
ESE Services, Related Services, Supplementary Aids and Services, and Support for Personnel.
Other areas included in an IEP are what instruction from a special education teacher a student needs. This is referred to as Exceptional Student Educational (ESE) services. This includes how and where the student will receive the extra support they need to learn. For example a student might need extra help in reading or math. The ESE services section will set forth how many minutes of instruction the student needs and if that instruction will occur within the regular classroom or in a separate classroom.
Related services and supplementary aids and services include any of those other supportive services as are required to assist a child with a disability to benefit from special education. This can include anything such as speech therapy, counseling, language therapy, a speech generating device like an ipad, occupational therapy, physical therapy, behavior supports, organizational support, art therapy. There is no exhaustive list of related services or supplementary aids or services.
Support for school personnel relates to what the school personnel will need to implement the IEP of the student. This can include training related to the specific needs of the student, equipment for the teacher to be able to communicate with the student or materials that a teacher might need to teach the student.
Least Restrictive Environment
Another essential component of the IDEA is that all students are educated with their nondisabled peers as much as possible throughout the school day. This is a requirement to educate students with disabilities in the least restrictive environment (LRE), when possible. Students with disabilities must be served in the regular education environment unless the nature or severity of the disability is such that education in the regular environment with the use of supplementary aids and services cannot be achieved satisfactorily. In 2004, Congress expressly reaffirmed that a student has the right of access to the general curriculum and classroom and opportunities to be educated alongside peers to the maximum extent possible. A student cannot be moved from the general education setting to a more restrictive environment if they are accessing their education and making progress. More restrictive placements are appropriate only if necessary for the student to receive benefit from the program. The IEP will include an explanation of the extent, if any, to which the child will not participate with nondisabled peers.
Progress Monitoring
An IEP is not set in stone. It is a living document that changes as the student grows and learns. It must be reviewed at least annually but can be reviewed more often as needed.
Progress monitoring is an essential part of this process. Regular reviews of the student’s progress allow for adjustments to the program as needed. The IEP team continually evaluates the student’s progress, assessing the effectiveness of the services provided and determining the appropriateness of the student’s educational placement. This ongoing evaluation helps to ensure that any necessary adjustments are made promptly.
For example, if a certain academic or behavioral intervention is not yielding the desired results, the team might decide to modify or replace it with a more effective strategy. They may also consider updating the present level of performance or modifying goals based on new information about the student’s needs. Accurate and complete DATA collection is critical.
To learn more about ensuring your child’s educational rights are being met, contact us today for personalized guidance and support.