close

Вход

Забыли?

вход по аккаунту

?

Free Appropriate Public Education (FAPE)

код для вставкиСкачать
Free Appropriate
Public Education
(FAPE)
Yell / The Law and Special Education, Second Edition
Copyright В© 2006 by Pearson Education, Inc. All rights reserved
1
Free Appropriate Public
Education
• FAPE is a right that must be made
available to all eligible students with
disabilities
пѓ�Provided at public expense
пѓ�Provided in conformity with the IEP
пѓ�Meet state standards
• Includes students in disabilities who
have been suspended or expelled
Yell / The Law and Special Education, Second Edition
Copyright В© 2006 by Pearson Education, Inc. All rights reserved
2
Free Education
• No Exceptions
• Clarifications
пѓјWithout charge to parents only
пѓјApplies only to special education &
related services
Yell / The Law and Special Education, Second Edition
Copyright В© 2006 by Pearson Education, Inc. All rights reserved
3
Appropriate Education
• What is appropriate must be decided
on a case by case basis
• Must meet state standards
• Provided in conformity with IEP
Yell / The Law and Special Education, Second Edition
Copyright В© 2006 by Pearson Education, Inc. All rights reserved
4
Public Education
• Meets state standards
• Includes children placed in private
facilities by the school district
• If children are placed in private
facilities the school must make a
FAPE available
Yell / The Law and Special Education, Second Edition
Copyright В© 2006 by Pearson Education, Inc. All rights reserved
5
Appropriate
Education: A Process
•
•
•
•
•
•
•
Child Find
Protection in Evaluation
Procedural Safeguards
IEP process
Meaningful Goals
Placement in the LRE
Parental involvement
Yell / The Law and Special Education, Second Edition
Copyright В© 2006 by Pearson Education, Inc. All rights reserved
6
FAPE must meet a student’s
unique educational needs
including:
• Mastery of academic subjects &
basic skills
• Social , health, emotional, physical,
& vocational needs
• Functional & self-help skills
Yell / The Law and Special Education, Second Edition
Copyright В© 2006 by Pearson Education, Inc. All rights reserved
7
Board of Education v. Rowley
458,U.S. 176 (1982)
•
•
•
•
•
Facts of the case: Amy Rowley
Administrative rulings
Federal District Court
2nd Circuit Court
US Supreme Court
Yell / The Law and Special Education, Second Edition
Copyright В© 2006 by Pearson Education, Inc. All rights reserved
8
FAPE
“We hold that the state satisfies the
FAPE requirement by providing
personalized instruction with sufficient
support services to permit the child to
benefit educational from that
instruction” Rowley p. 203-204
Yell / The Law and Special Education, Second Edition
Copyright В© 2006 by Pearson Education, Inc. All rights reserved
9
The Rowley Twofold Inquiry
• Has the state complied with the
procedures in the act?
Amy’s school passed the procedural test
• Is the IEP reasonably calculated to
enable the child to receive educational
benefits?
пѓјAmy was passing from grade to grade
Yell / The Law and Special Education, Second Edition
Copyright В© 2006 by Pearson Education, Inc. All rights reserved
10
Problem with Rowley
• Amy Rowley’s achievement status
allowed the high court to sidestep
prong two of the test
–The substantive standard
• The FAPE standard is satisfied when a
school is following procedural
requirements and writes an IEP that
confers some educational benefit
Yell / The Law and Special Education, Second Edition
Copyright В© 2006 by Pearson Education, Inc. All rights reserved
11
Subsequent FAPE Decisions
• Two circuit courts (4th and the 3rd) held that
schools cannot meet their obligations under IDEA
by providing a program that produces only trivial or
De Minimus educational benefit
• The substantive right is “meaningful benefit”
• Meaningful benefit has to be decided individually
for each student, no generic formula can be
applied nor can a disabled child’s progress be
compared to nondisabled children
Yell / The Law and Special Education, Second Edition
Copyright В© 2006 by Pearson Education, Inc. All rights reserved
12
Polk v. Susquehanna ISD,
3rd Cir. 1988
• FAPE can only be determined on an
individual case by case basis
• IDEA calls for more than trivial
benefit
• Does passing grades automatically
constitute a FAPE? NO
Yell / The Law and Special Education, Second Edition
Copyright В© 2006 by Pearson Education, Inc. All rights reserved
13
Cypress-Fairbanks ISD v.
Michael F., 5th Circuit, 1997
• Educational benefit means that the educational
program must be likely to produce meaningful , not
trivial, progress
• Four part test
– Was the program individualized on the basis of the
student’s assessment?
– Was the program in the LRE?
– Were the services provided in a collaborative manner by
key stakeholders?
– Were positive academic & nonacademic benefits
demonstrated?
Yell / The Law and Special Education, Second Edition
Copyright В© 2006 by Pearson Education, Inc. All rights reserved
14
Educational Methodology
Disputes
• Rowley: methodology disputes are best left to
educational experts, because such disputes
exceed the expertise of the courts
• Courts grant schools great leeway in choosing
educational methods
• Exemption-If school doesn’t provide a FAPE
(meaningful progress)
• Courts: Educators need to select teaching
methods that match a student’s unique needs
Yell / The Law and Special Education, Second Edition
Copyright В© 2006 by Pearson Education, Inc. All rights reserved
15
Extended School Year
• Must be provided if needed for a FAPE
• Guidelines
пѓјFlexibility
пѓјRegression
пѓјRecoupment
• Purpose of ESY is not to provide greater
benefit
• Incorporated into the 1999 IDEA regulations
Yell / The Law and Special Education, Second Edition
Copyright В© 2006 by Pearson Education, Inc. All rights reserved
16
IDEA 1997, 2004 & FAPE
• The underlying theme of these reauthorizations was to
improve the effectiveness of special education by
requiring demonstrable improvements in the
educational achievement and functional performance
of students with disabilities
– Emphasis on writing measurable annual goals,
explaining how they will be measured, them
measuring them (progress monitoring), and
reporting the results to parents
Yell / The Law and Special Education, Second Edition
Copyright В© 2006 by Pearson Education, Inc. All rights reserved
17
Components of a FAPE
• Procedural Requirements
• Substantive Requirements
– Individualized Instruction
– Educational Benefit
– Progress toward IEP goals
• Related Services
• Least Restrictive Environment
Yell / The Law and Special Education, Second Edition
Copyright В© 2006 by Pearson Education, Inc. All rights reserved
18
Violations of FAPE
•
•
•
•
Inadequate evaluations
Lack of knowledgeable persons in IEP team
Not notifying or involving parents
Determining placement prior to writing the
IEP
• Inadequacies in the IEP
• The education will not confer “meaningful
educational benefit”
Yell / The Law and Special Education, Second Edition
Copyright В© 2006 by Pearson Education, Inc. All rights reserved
19
Документ
Категория
Презентации по английскому языку
Просмотров
11
Размер файла
182 Кб
Теги
1/--страниц
Пожаловаться на содержимое документа