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FAPE is a civil right rooted in the Fourteenth Amendment of the United States Constitution, which includes the Equal Protection and Due Process clauses.. FAPE is defined in the Code of Federal Regulations (7 CFR 15b.22) [6] as "the provision of regular or special education and related aids and services that (i) are designed to meet individual needs of handicapped persons as adequately as the ...
Because the law does not clearly state to what degree the least restrictive environment is, courts have had to interpret the LRE principle. In a landmark case interpreting IDEA's predecessor statute (EHA), Daniel R.R. v. State Board of Education (1989), it was determined that students with disabilities have a right to be included in both academic and extracurricular programs of general education.
It provides accommodations, modifications, related services, and specialized academic instruction to ensure that every eligible child receives a "Free Appropriate Public Education" (FAPE) in the "Least Restrictive Environment" (LRE). The IEP is intended to help children reach educational goals more easily than they otherwise would.
To ensure a FAPE, a team of professionals from the local educational agency and the student's parents to identify the student's unique educational needs, develop annual goals for the student, and determine the placement, program modification, testing accommodations, counseling, and other special services which meet the student's needs.
The IEP also specifies the services to be provided and how often, and it specifies accommodations and modifications to be provided for the student. [15] The U.S. Supreme Court has described the IEP as "the centerpiece of the statute's education delivery system for disabled children". Honig v.
The Individualized Education Program or IEP is a plan determined by a team who develops a set of modifications for the educational program of a special education student. The setting is designed to allow the student to continue progress in the regular curriculum to meet the goals set out by the IEP and to allow students to receive services and ...
The parents removed their child from Summit View and enrolled him in a specialized school for children with autism, Firefly Autism House in Denver, with an annual tuition of $70,000. [7] The family requested reimbursement for the Firefly tuition claiming the Douglas County School District had not fulfilled the requirements of IDEA.
Forest Grove School District v. T. A., 557 U.S. 230 (2009), is a case in which the United States Supreme Court held that the Individuals with Disabilities Education Act (IDEA) authorizes reimbursement for private special education services when a public school fails to provide a "free appropriate public education" (FAPE) and the private school placement is appropriate, regardless of whether ...