NICHCY Definition of FAPE
Federal Requirements
Court Cases
Determining if FAPE is Achieved
Miscellaneous
100
What is the NICHCY definition of "Free"?
Education of each child with a disability must be provided at public expense and without charge to the child’s parents
100
What is part (a) of the federal regulations of FAPE?
Special Education and related services that are provided at public expense, under public supervision and direction, and without charge
100
Name two court cases that brought up FAPE-related claims after the Rowley decision.
Polk v. Central Susquehanna Intermediate Unit 16. Ridgewood Board of Education v. N.E. Roland M. V. Concord School Committee. Doe v. Smith. Fort Zumwalt School District v. Clynes.
100
Explain how student grades and promotion determine if FAPE is achieved.
Grades determine if a child is making reasonable progress. Do not automatically render a child’s educational program appropriate. Each case must be analyzed individually.
100
FAPE is a component of what act?
Individuals with Disabilities Education Act (IDEA)
200
What is the NICHCY definition of "education"
-Main idea of the law -Guarantees a FAPE to each child no matter the disability or severity
200
What is part (b) of the federal regulations of FAPE?
Special Education and related services that meet the standards of the State Education Agency
200
Name two court cases that involve methodological issues.
Grim w. Rhinebeck Central School District. Lachman w. Illinois State Board of Education. Barnett v. Fairfax County School Board.
200
Explain how progress on IEP goals determines if FAPE is achieved.
IDEA requires special education teachers to track and measure student progress on goals and objectives. Making progress or mastering goals is an indicator of an appropriate education. If a student fails to make progress on IEP goals, it does not automatically mean the education program is not appropriate
200
Why has the word "appropriate" led to an extensive amount of litigation in relation to FAPE?
The word "appropriate" means something different to each individual student.
300
What is the NICHCY definition of "Public"?
Public School Systems
300
What is part (c) of the federal regulations of FAPE?
Special Education and related services that include an appropriate preschool, elementary school, or secondary school education in the State involved
300
Name two court cases that involve students with autism and FAPE.
Deal v. Hamilton County Board of Education. Board of Education of the City School District of the City of New York. Delaware County Intermediate Unit No. 25 v. Martin K. and Melinda K.
300
Explain how standardized test scores can determine if FAPE is achieved.
Compare scores to prior testing. Improved scores generally indicate educational progress.
300
Name the three major trends in autism-related cases where methodological appropriateness was a primary issue.
Educational methodology, Quantum of Benefit, and Generalization.
400
How does NICHCY describe "appropriate"?
"Appropriate" differs for each child. -Every child is entitled to an education that is “appropriate” for his or her needs -Evaluations are conducted to identify what a child’s individual needs are -The evaluation informs the decision making process so that the school and parents can design an education plan that responds to the students’ needs
400
What is part (d) of the federal regulations of FAPE?
Special Education and related services that are provided in conformity with an IEP that meets the requirements of Sections 300.320-300.324
400
How did the Rowley Decision affect FAPE?
U.S. Supreme Court decided how far schools must go to provide FAPE. Schools do not provide “maximum benefit” to students with disabilities. Schools are responsible for providing a “basic floor of opportunity” – they do not have to provide the best services available.
400
What is the main problem associated with standardized test scores and determining if FAPE is achieved?
Scores are nationally normed and may not accurately measure or assess the student's progress.
400
What has to happen in order for school districts to deny a placement for a student due to financial considerations?
An appropriate, less expensive alternative has to be offered.
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