| Do you have a child with autism or a learning disability | | | | developing the child's IEP? |
| and you are concerned about their education? Does | | | | B. Will the IEP developed by the school district give the |
| your child with Dyslexia struggle with their academics | | | | child meaningful educational benefit. |
| even though they are receiving special education | | | | If either one of these is not done by the school district, |
| services? Free Appropriate Public Education is a right | | | | then it means that the child is not receiving a free |
| for all children receiving special education services. This | | | | appropriate public education. |
| article will discuss 5 things that you will need to know | | | | 4. IDEA 2004 states that a procedural violation must |
| about FAPE, to help your child receive it. | | | | rise to the level of substantive violation, to constitute a |
| 1. The legal definition of FAPE is: special education and | | | | lack of FAPE. In other words the procedural violation |
| related services that are designed to meet the child's | | | | must be a major violation, in order to be a violation of |
| unique needs, gives meaningful benefit, and has been | | | | FAPE. Some hearing officers and courts have found |
| given at no charge to the parents. Free Appropriate | | | | that parents being denied the ability of being an equal |
| Public Education (FAPE) includes and Individual | | | | participant in their child's IEP, is a substantive violation |
| Education Plan that is designed to meet the child's | | | | which is a denial of FAPE. |
| unique educational needs and gives meaningful benefit. | | | | 5. A new recent court case N.R. vs. Kingwood |
| 2. The Supreme Court Case that gave us this | | | | Township the court states that the IEP must allow the |
| definition of FAPE is Board of Education Vs. Rowley | | | | child: significant learning and give meaningful benefit. |
| 458 US 176 in 1982. You may be able to use this case | | | | Use this definition to determine if your child's IEP is |
| in the future if you have a dispute with your school | | | | going to allow them significant learning and give |
| district over FAPE. | | | | meaningful benefit. |
| 3. In the Rowley Case the justices determined that | | | | By understanding what Free Appropriate Public |
| there are two areas that must be met to determine if | | | | Education is and having knowledge of court cases you |
| a child with a disability is receiving FAPE: | | | | will be able to help your child receive a Free |
| A. Procedural Requirements: Did the district follow the | | | | Appropriate Public Education. |
| correct procedural requirements and provisions in | | | | |