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The right to a Free Appropriate Public Education (FAPE) is an educational entitlement of all students in the United States who are identified as having a disability, guaranteed by the Rehabilitation Act of 1973 [1] [2] and the Individuals with Disabilities Education Act (IDEA).
The Individuals with Disabilities Education Act (IDEA) is a piece of American legislation that ensures students with a disability are provided with a Free Appropriate Public Education (FAPE) that is tailored to their individual needs.
The Supreme Court decided that EHA would be the exclusive remedy for disabled students asserting their right to equal access to public education in Smith v. Robinson, 468 U.S. 992 (1984). The petitioner, Tommy Smith, was an eight-year-old student who had cerebral palsy.
IDEA entitles every student to a free and appropriate public education (FAPE) in the least restrictive environment (LRE). 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 ...
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.
The provision requires a school district to provide a free, appropriate education to each qualified student with a disability. ... Fayette County had 5,809 students under an IEP out of its ...
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