Free Appropriate Public Education (FAPE) and Least Restrictive Environment (LRE) PDF

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In a 750-1,000 word essay, summarize what FAPE and LRE are and how they are related. Within your essay, describe and evaluate the ramifications on public policy, on students/families, or on LEAs/schools/teachers of one FAPE court case and one LRE court case....

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Free Appropriate Public Education (FAPE) and Least Restrictive Environment (LRE)

Rachel Taylor Grand Canyon University SPD - 300 Margo Valenti 16 – May – 2021

2 Summarize FAPE and LRE and How They are Related The U. S. Department of Education (2010) defines Free Appropriate Public Education (FAPE) under Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA) that protects the rights of all individuals with disabilities and require schools to provide special education related services, at no expense to the family, to help meet the individual needs of the child with disabilities as adequately as a child with no disabilities where necessary. Least Restrictive Environment (LRE) is also defined under the IDEA that requires schools to have students with disabilities be placed in a regular classroom setting with appropriate aids and supports alongside their peers who do not have disabilities, unless their individualized education program (IEP) requires other arrangements [U.S. Department of Education, OSEP Memorandum 95-9 (November 23, 1994)] Free appropriate education (FAPE) and least restrictive environment (LRE) are related as they both are under the ordinance of federal law that mandates under IDEA and must be considered on where and how a child with disabilities should and will be educated. The only difference between the two is that FAPE covers the financial aspects and LRE concerns the placement. It is important for teachers to understand FAPE and how it relates to LRE when educating students with special needs. Students who have special needs must be given the same amount of support and services as those students who do not need special services within a general education setting. It is the responsibility of the general and special education teachers to collaborate frequently to provide all students with best education possible. LEAs/Schools/Teachers of one FAPE Court Case

3 The Board of Education v. Rowley is one of the most important court cases concerning the meaning behind of the Individuals with Disabilities Education Act (IDEA). This court case was the fist occasion in where the U.S. Supreme Court would rule in favor on the requirement of public schools providing free appropriate public education to a child with disabilities (Yell, M.L., 2016). Amy Rowley was a hearing-impaired student attending the Furnace Woods School in the Hendrick Hudson Central School District, Peekskill, New York. Although Amy was partially deaf, she was very good at reading lips in understanding others. During Amy’s IEP meeting, a decision was made by the team members that Amy would be provided with a FM transmitter that would allows words from her teachers and other fellow classmates be amplified into a wireless receiver. Amy’s IEP also stated that she be placed in a general education classroom. Amy was an exceptional student, and her performance level was that of a student who did not have any disabilities. However, Amy’s parents insisted that she be provided with a sign-language interpreter in all her classes. During a two-week trial period, Amy was issued an interpreter, but it was concluded that it was not necessary given Amy’s level of performance. Amy’s parents demanded a hearing, expressing that the school district was in violation of providing their daughter the support and services regarding free appropriate public education under the IDEA. The court was ruled in Amy’s favor stating that even though Amy was performing in her education required level, she was still meeting her full potential academically because she did not have a sign-language interpreter (U.S. Supreme Court, 1982). LEAs/Schools/Teachers of one LRE Court Case The Daniel R.R. v. State Board of Education court case challenged the meaning behind allowing children to be educated in a least restrictive environment (LRE). The case includes a boy named Daniel who has down syndrome and impaired speech. Daniel was placed in special

4 education for half of the day, where the other half was spent in a general education classroom with non-disabled peers, requested by his parents. After some time, it was determined that Daniel was not benefiting from this arrangement and was placed in an early educational class with only spending time with his non-disabled peers during lunch and recess instead of receiving instruction in a general educational setting upon request from his parents. Daniel’s parents disagreed with the new placement and requested a hearing on his behalf. However, after viewing Daniel’s incapability, it was recognized by congress that a general educational setting was not suitable for Daniel. This takes into consideration all students under IDEA polices that general education classrooms may not always be necessary for a child to be continuing their education of what might be considered least restrictive environment (U.S. Court of Appeals, Fifth Circuit.,1989). Furthermore, the courts ruled that the district was not in violation of the guidelines found under the IDEA and that by restricting interactions with students that were not disabled and that they were staying within the requirements of free appropriate public education.

5 References Bd. Ed. Hendrick Hudson Sch. Dist. v. Amy Rowley (458 U. S. 176). Supreme Court of the United States. https://www.wrightslaw.com/law/caselaw/ussupct.rowley.htm DANIEL R.R., Plaintiff-Appellant, v. STATE BOARD OF EDUCATION, et al., Defendants, El Paso Independent School District, Defendant-Appellee. No. 88-1279. https://law.resource.org/pub/us/case/reporter/F2/874/874.F2d.1036.88-1279.html Exceptional Student Services: Key Definition. Arizona Department of Education website (2018). http://www.azed.gov/specialeducation/resources/key-definitions/ Free Appropriate Public Education for Students with Disabilities: Requirements Under Section 504 of The Rehabilitation Act of 1973. U.S. Department of Education, August 2010. https://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html Yell, M.L. (2016). The Law and Special Education (4th ed.). ISBN-13:9780133827019 http://www.gcumedia.com/digital-resources/pearson/2015/law-and-special-educationthe_ebook_4e.php...