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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 ...
As of the early 1970s, U.S. public schools accommodated 1 out of 5 children with disabilities. [7] Until that time, many states had laws that explicitly excluded children with certain types of disabilities from attending public school, including children who were blind, deaf, and children labeled "emotionally disturbed" or "mentally retarded."
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.
In 2002, 1 in every 150 eight-year-old children received an ASD diagnosis. In 2020, the figure was 1 in every 36, according to the CDC. Autism diagnoses are on the rise.
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.
Cumberland County Christian School is already at capacity for the 2023-24 school year with 125 students, but Respus is opening a new school to specifically serve children with mild to moderate autism.
Section 504 requires school districts to provide Free Appropriate Public Education (FAPE) to children with disabilities, who may benefit from public education, within the individual district's jurisdiction. Regardless of the child's disability, the school district must identify the child's educational needs and provide any regular or special ...