A FREE APPROPRIATE PUBLIC EDUCATION (FAPE) - UW …适当的公共教育大学(公立教育)-…

1、1,A FREE APPROPRIATE PUBLIC EDUCATION (FAPE) and FAPE REVISITED,Sherrie Brown Special Education and the Law February 2, 2009,2,IDEA requires that,School Districts provide a FAPE to students who meet eligibility criteria: Children ages 3-21; Have one of 13 disabilities or a child ages 3-9 who experie

2、nces developmental delays; and Require special education and related services in order to benefit from public education.,3,But what is FAPE?,Special education and related services that: Are provided at public expense (FREE) Meet the standards of the SEA Include an appropriate education Are provided

3、in conformity with the IEP Individually designed to meet the unique needs of each child No specific further statutory or regulatory definition.,4,Bd. of Education of Hendrick Hudson Central SD v. Rowley, 458 U.S. 176 (1982),FACTS All about Amy. Courts below: District Court said IDEA required that pr

4、ogram maximize potential of the student 2nd Circuit Court of Appeals said IDEA required child to have an opportunity to achieve her full potential commensurate with the opportunity offered other children. ISSUES What is the standard for judging whether a students education is in fact appropriate for

5、 him or her? What is the standard for judicial review of lower court decision?,5,Rowley majority held that,IDEA does not require that schools maximize a childs potential. Basic floor of opportunity required by IDEA means access to specialized instruction and related services. There must be personali

6、zed instruction with sufficient support to permit the child to benefit educationally. Two-part test is to be used by courts to determine compliance: Has the State compiled with the procedures? Is the IEP reasonably calculated to allow the child to benefit from the program?,6,Measuring Educational Be

7、nefit,What is the students present skill? What is the potential of the student? Has the student made progress towards potential? Footnote in Rowley passing from grade to grade. Look at whole experiencesocial, emotional, educational. Balancing benefitsweighing everything in determining FAPE.,7,Subseq

8、uent court decisions,Higher State Standard Several states, such as NJ, have state FAPE standards that require more than Rowley. More than de Minimus Educational Benefit Standard applied by five circuit courts (not in 9th). Meaningful Benefit 9th Circuit (M.L. v. Federal Way SD, 387 F. 3d 1101 (9th C

9、ir. 2004).,8,FAPE Standard 25 years later,1997 amendments focused on educational (in regular education curriculum) results not just accesse.g., state goals and indicators for performance required. 1997 amendments include goals of independence and economic self-sufficiency. 2004 amendments include go

10、als of preparing students for further education, improving academic achievement and functional performance, etc. 2004 amendments changed slightly to align with NCLBi.e., state must establish goals for performance that,9,Promote the purposes of the IDEA, Are the same as the states definition of AYP,

11、Address graduation rates and dropout rates, Are consistent with any other goals and standards, States must adopt performance indicators and measurable annual objectives for progress of children under NCLB, and State must report annually to DOE.,10,Is FAPE (substantive benefit standard) evolving?,Wha

12、t does this mean? A characterization of the level of educational benefit requiredin 9th Circuit this is meaningful (great significance or meaning). The breadth of the concept of educationwell established that it is comprehensive. How or by what criteria the requisite level of educational benefit sho

13、uld be measured (i.e., graduation, grades, test scores, etc.)individualized or case-by-case approach?,11,J.L. & M.L. v. MI School District, (W.D. Wa 2006)*,Federal District court held that ALJ was relying on old law i.e., Rowley standard in determining adequacy of the IEP for the student. That the s

14、tandard, in fact, has changed to reflect evolving goals of IDEAi.e., self-sufficiency, independent living and had ignored the students goals of higher education. Remanded although language clearly indicates that under new standard, MI loses. * On appeal and argued at 9th Circuit in December 2008,12,

15、Conclusion from the court,The IDEA calls for disability education programs which guide the student toward post-education independence and self-sufficiency. In pursuit of that goal, students such as K.L. must receive educational opportunities which significantly advance them towards that end. The IEP

16、s developed in accordance with this statutory scheme must specifically delineate the methodologies to be used to achieve these goals, the time to be allotted to each of the services employed to that end, and further must be geared toward the achievement of enumerated goals. Where a previous years IE

17、P has fallen short of the marks it set, the succeeding IEPs must identify the means to advance the student further.,13,How can NCLB be used modify FAPE?,All students are to be included in the accountability that NCLB mandatesi.e, meet standardsis that the Rowley standard? NCLB requires schools to us

18、e “scientifically based research” to support program decisionsfor students with disabilities also. NCLB requires minimum qualifications for paraprofessionalsfor students with disabilities also.,14,FAPE and specific issues,Extended school day or year Methodology in relation to FAPE FAPE and Lovaas Treatment LRE and FAPE Seattle School District v. B.S.,15,So, please consider these,Can parents waive rights to FAPE? Does FAPE guarantee a certain level of achievement? Does passing from grade to grade in regular education