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