Legal Aspects of Special Education and Social Foundations

Free and Appropriate Public Education and Least Restrictive Environment

Chapters 9 & 12

FAPE

“Free” and “public” not disputed “Appropriate” education is often

disputed Definition

– Provided at public expense– Meet State standards– Include appropriate education– Conforms with the IEP

Procedural Safeguards

Provide notice to parents Invite parents to participate Secure parental consent Make records available Allow independent educational

evaluation if in disagreement

Free Education

Special education and related services provided at no charge

Refusal due to cost is not allowed IDEA prohibits excuse of limited federal

funding Cost relevant only when options

available are “appropriate”

Free Education

Title XIX of the Social Security Act was amended in 1988 to assist in funding of needed services

Private insurance can also be funding source

Can allow fees that other students without disabilities are charged

State Standards

Meet requirements of State Standards which may be higher

Includes requirements of licensure and certification for educators

Appropriate Education

IEP for all students in special education Responsibility of school district Collaboration between parents and school

personnel Components of IEP must be complete No guarantee of achievement No liability of educators

Related Services

Supportive services Required to benefit from special education

program Reimbursement of services may be

requested Exclude medical services and devices Must accompany special education

School Health Services

Necessary to assist child to benefit from special education

Must be performed during school hours Can be provided by a person other than

a licensed physician

Litigation

Irving Independent School District v. Tatro - “Bright-Line” test

Cedar Rapids Community School District v. Garret F. - medical v. school health services

Board of Education of the Hendrick Hudson School District v. Rowley - appropriate education

The Rowley Standard

Is the school complying with IDEA procedures?

Is the IEP designed reasonable to enable child to benefit from educational opportunities?

Courts Role

Are procedural requirements being met?

Are the requirements of FAPE being followed?

Is special education providing educational benefit?

1993 Metaphor

Doe v. Board of Education of Tullahoma Schools

Cadillac v. Chevrolet

Post-Rowley Litigation

Procedural aspects– Follow procedural safeguards of FAPE– FAPE is denied if safeguards are not

followed Substantive aspects

– IEP is appropriate– Designed to achieve educational benefits

Procedural Violations

W.G v. Board of Trustees - failed to include classroom teacher of private school in IEP process

Tice v. Botetourt County School Board - 6 month delay in evaluation and IEP

Spielberg v. Henrico County Public Schools and Hall v. Vance County Board of Education - violated parent participation and notification, resp.

Substantive Violations

“Meaningful benefit” v. “some benefit” - Hall v. Vance County Board of Education

“Meaningful growth” - Carter v. Florence County School District Four

Polk v. Central Susquehanna Intermediate Unit 16 - any degree of progress

Substantive Violations

Cypress-Fairbanks ISD v. Michael F. - four-part test– Individualized program based on

assessment and performance– LRE– Coordinated and collaborative services– Academic and nonacademic benefits

Methodology and FAPE

Disagreement with particular methodologies– Curriculum– Interventions– Extended school year

Placement Settings

– Facilities– Equipment– Location– Personnel required

Determining placement– Tests– Recommendations– Conditions– Background– Adaptive behavior

Placement Factors

Based on IEP Annually reviewed Least restrictive environment

– As close to general education as possible– As close to home as possible

Graduation

No longer eligible for FAPE under IDEA– Maximum age to receive services– Graduates from high school with regular

diploma Can receive FAPE until “age-out” of

IDEA

Standards

Achieved IEP goals Written notice Summary of academic achievement and

functional performance

IDEA ‘97 and ‘04

Based on student needs Measurable and meaningful progress Scientific research-based programs Ongoing evaluation