Free, Appropriate Public Education.
A FAPE is provided if the program or placement was designed to address Student’s unique educational needs and reasonably calculated to provide some educational benefit in the least restrictive environment. The districts program must provide a “basic floor of opportunity” that consists of access to specialized instruction and related services.
Example: If your child is hard of hearing a program that suggests books on tape to address reading difficulty is probably not appropriate.
Procedural Violation by District Can Constitute a Denial of FAPE.
Parents of children with disabilities are also provided procedural protections under the IDEA (20 U.S.C. Section 1400 et seq). The district significantly impeded parents’ opportunity to participate in the IEP team making process. Parents are required and vital members of the IEP team. The IEP team must consider the concerns of the parents for enhancing their child’s education throughout the development of the IEP. Parents observe their child in a variety of settings and have a unique perspective of their child’s needs. In order to fulfill the goal of parental participation in the IEP process, the school district is required to conduct a meaningful IEP meeting.
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