FAPE
Educators must understand and respect the legal rights of students and their parents, which are protected by the U.S. Constitution/Fourteenth Amendment. The Individuals with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 protect students who have been identified with disabilities. According to both IDEA and Section 504, all special education students must be educated in the least restrictive environment. The two provisions also mandate that that all children with disabilities receive a free and appropriate public education, which is referred to as FAPE. This essay will answer the question, "what is FAPE and why is it so important in the education of all children, especially students with disabilities?"
The Individuals with Disabilities Act is a federal funding statute that provides "financial aid to states in their efforts to ensure adequate and appropriate services for disabled children." IDEA seeks to improve the educational results for children with disabilities. It also provides guidelines for determining what related services are necessary and outlines a "due process" procedure to make sure these needs are adequately met. According to the IDEA, all children must be educated in the least restrictive environment.
Similar to IDEA, is Section 504 of the Act. Students are eligible for Section 504 if they have a "physical or mental impairment which substantially limits a major life activity." Section 504 also requires schools to meet certain evaluation criteria in order to assess how a student's disability affects the child's educational performance.
Both the IDEA and Section 504 mandate that all students deserved the right to receive an educational program based on their unique needs in the ...
... middle of paper ...
...ic agencies provide children with disabilities with FAPE, it means that they provide them with an education that is appropriate for that particular student based on his/her needs as a unique individual. What is appropriate for one student is not necessarily appropriate for another. Under FAPE, each student's accommodations need to be considered from the student's educational plan. FAPE does not just provide special services, but it determines what are the best accommodations or resources in order for that child to be successful in a regular classroom.
Bibliography:
Classroom Handout: IDEA and Section 504 A Comparison, page 4.
Classroom Handout: Section 504 of the Rehabilitation Act of 1973.
Classroom Handout: Glossary of Terms, Least Restrictive Environment, p. 2.
Classroom Handout: Provisions in the Law: Least Restrictive Environment.
The Section 504 Rehabilitation Act of 1973 was designed to meet the needs of students with disabilities and who do not fall under or qualify for special education services. For example, a student that is perfectly capable of meeting all curricular requirements on assessments and assignments but cannot hear very well will fall under the 504 act. They will not necessarily meet the special education qualifications of the IDEA. Therefore, they will not be classified as special education students and will not receive the same services as special education students, even though they need modifications and accommodations to ensure their overall success. A major curricular impact of Section 504 of the Rehabilitation Act of 1973 is that all educators are legally required to provide students that meet the requirements to be qualified or classified as a 504 student with the same course of study as general educations students without making changes to their course work. Educators do this by way of allowing additional time on assignments and assessments. They also do this by changing the environment or method of lesson delivery to said students if and when necessary to ensure
This means that children with all different types of a disability are accessible to public education and learning through professional educators and through their peers. Another important legislation that has been established in 1975 is the Individuals with Disabilities Education Act (IDEA) that includes all ages of children and their rights to learn. Both of these movements helped shape what special education is today and assisted in bringing inclusion into the classroom. They both made it possible for students with disabilities to be integrated into general education classrooms, while getting the assistance they need as well.
One such policy is the Individuals with Disabilities Education Improvement Act, or IDEA; IDEA sets guidelines and standards for educational services. The services included under IDEA are eligibility tests, appropriate education, individual education plans (IEP), and least restrictive environments (LRE). IEPs are specialized and unique plans that cater to the child's individual needs. Meanwhile, LRE refers to the standard that the learning environment for disabled children is of equal quality and as similar to the classrooms of neurotypical individuals as possible (Santrock, 2017, pg.282). In addition, IDEA also enrolls children into early-intervention programs which helps students transition into appropriate programs. Furthermore, it also ensures that all special education teachers are qualified, and that students with disabilities are not disproportionately suspended or expelled from school in comparison to their neurotypical peers (The History of Special Education,
Parents play a critical role in the planning of educational programs for their children. In efforts to increase parental involvement, instructions were added to the Individuals with Disabilities Education Act (IDEA) that mandated active parental participation during the preparation of Individualized Education Programs (IEPs). According to Lo (2008), when IDEA was reauthorized in 2004, additional parental rights were added that required the attendance of parents and every member of an IEP Team, unless both the parent and school agree to an absence and document that agreement in writing. That mandate emphasizes the importance of parental participation in educational programming for their children.
Rachel’s parent disagreed and with the Districts decision of half time special education placement and placed her in a private school in a general education classroom with supports where she was successfully meeting her IEP goals. Rachel’s parents also appealed the district’s placement decision to a California Special Education hearing officer. After fourteen days of hearing, the hearing officer ruled in favor of the parents and ordered the District to place Rachel in a general education classroom with support services. The District appealed the decision and the courts had to decide if the decision made by the hearing officer complied with the Individuals with Disabilities Act (IDEA). The courts ruled in favor of the defendant finding that the appropriate placement for Rachel, under the IDEA, was in a general education classroom, with supplemental services, as a full time member of
The child with a learning disability is entitled under IDEA to receive the same quality of education and other services which are entitled to students without disabilities. The law states that the facilities for both kinds of students must be comparable and the necessary training materials and the appropriate equipment to impart the education must be provided to the student (Individuals with Disabilities Education Act (IDEA), n.d.).
Prior to 1975, educational options for a child living with a mental or physical disability were limited. The family of the handicapped child was most likely forced down an path that lead to the institutionalization of the child and distancing the child from the benefits of receiving a free and public education. It was after federal legislation passed the Rehabilitation Act of 1973 (42 U.S.C. § 1983) that monumental changes began to develop that allowed a better understanding of the needs and capabilities of people with various handicapping conditions. Soon after this legislation, Public Law 94-142, also known as the Education for all Handicapped Children’s Act of 1975 (EHA) would further increase the public awareness by providing a free appropriate public education (FAPE) for children suffering from disabilities. Following the EHA legislation reformations concerning the education of disabled individuals would soon become numerous and legislative acts were passed enabling accommodations for disabled individuals in the fields of vocations and technology. In 1990, President Gerald Ford signed legislation replacing P.L. 94-142 with the Individual with Disabilities Education Act of 1990 (IDEA, 20 USC 1400). By definition, the Individuals with Disabilities Education Act (IDEA) is a law ensuring services to children with disabilities throughout the nation (US Department of Education, 2011).
“The Civil Rights Act of 1964 prohibit discrimination on the basis of race, religion, national origin, or gender, but people with disabilities were not included under such protection” (Department of Justice). It was not until 1973 when the Rehabilitation Act came to fruition that people were officially by law protected against discrimination on the basis of either mental or physical disability. The Architectural Barriers Act implemented in 1968 helped people with disabilities have access to buildings and facilities by companies, agencies complying with federal standards for physical accessibility. The Education for All Handicapped Children Act was renamed the Individuals with Disabilities Act (IDEA). This Act allows people with disabilities into public schools and also requires the school to develop (IEP’s) Individualized Education Programs to be developed and fit individualized needs for the student. Another very important piece of legislation is the Americans With Disabilities Act (ADA) in which “prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation and telecommunications services” (A Brief History, p.1).
To find out if a student is eligible they can view the requirements to receive a 504 plan. Undertstood.org reminds us that, “Having a disability doesn’t automatically make a student eligible for a 504 plan. First the school has to do an evaluation to decide if a child’s disability “substantially” limits his ability to learn and participate in the general education classroom”. This is important because some may think if a student has a disability then they will automatically receive a 504, but that is not the case.
In 1973, Free and Appropriate Education (FAPE) went into effect. This allowed people of all abilities to receive a public education. I have always been passionate about teaching students with special needs. Within chapter twelve I read how to change the attitude of those who do not believe in allowing these students within schools. I believe that it exposes everyone to different ways of life. Although I had studied the information within in this chapter during my undergrad and graduate courses, I enjoyed the refresher of the legal sides and history. Within chapter nine, I learned things that I didn’t before. Of course I knew that social status affected students within classrooms, I wasn’t sure how to help. Within this chapter it gave me the history of classism, why it’s difficult to find a job, the response of poor people’s needs, how the federal government helps, and what it means for students in school facing issues. I enjoyed reading about the history of classism. I think that every child should be taught and have the opportunity to grow. Unfortunately, society looks so much at how much money we have. I believe that if we can come together to offer more things to help the students within our schools the more successful of a community we would
The Individuals with Disabilities Act, 2004 (IDEA), has 14 different categories of disabilities (IDEA Partnership, 2012). Students with disabilities can be placed into two more distinct groups which are high incidence disabilities or HID and low incidence disabilities or LID. IDEA defines low incidence disabilities as those students with visual, hearing or significant cognitive impairment (Outcome Data, 2006). These students need personal that are highly trained in specialized skill and knowledge to provide early interventions and education. Those with LID account for less than one percent of the school population (Outcome Data, 2006). Students that fall into this category are usually educated outside of the general education classroom for part of the school day.
The parents and family members cannot be asked to pay for special education services. In fact, if it is necessary for a student to be educated outside the student’s own school district, the district usually bear the cost for that placement as well as the cost for transportation (Friend, 2014). According to (Huefner, 2008), the IEP requirements in IDEA 97 and 04 for assessing academic progress and reporting it to parents have clarified the expectations for FAPE. In other words, an “appropriate” education is determined on an individual basis, defined by the child’s
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 services, the school district must devise a written individual education program (IEP) for the child, which includes related services. An IEP is a statement of a student’s special education and related services including speech services, psychological services, physical and occupational therapy, counseling and assistive technology and transportation. In addition, this legally binding, individualized plan outlines reasonable educational goals for the student and is reviewed and updated yearly.
Students with disabilities are far too frequently isolated and separated from the education system (Johnson). They are often provided a diluted, inferior education and denied meaningful opportunities to learn. There are many education rights for children with disabilities to protect them from discrimination, giving them a chance for equal opportunity to learn what other students are expected to learn.... ... middle of paper ... ...
Writing this final essay for this course one is able to reflection on the knowledge one has gained since the beginning of the course. This course has been affective and the benefits are using the information immediately to correct mistakes and grow in the profession. After interviewing attorneys and director’s special in the education program the reality of how important following the regulations are important and must be followed. As a special educator one is more prepared and ready to provide a first rate education. Everyone who works with special needs students should be prepared and understand the law taking a class in Law and Litigation is recommended.