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Free and Appropriate Public Education Archives

What Is Your Child Educationally Entitled To?

       School districts are required to provide all students with a Free and Appropriate Public Education, often times referred to as "FAPE". What constitutes "appropriate" is a point of much contention between parents, school districts and attorneys alike. Therefore, it has been left up to the courts to shed more light on what actually constitutes an appropriate public education. Located below is a brief glimpse into how different courts have weighed in on this discussion. In determining whether the Local Education Agency has offered Student a FAPE, the proper focus is on the adequacy of the offer of placement.[1] If a student fails to make progress within a reasonable period of time, the LEA must convene an IEP meeting to address the student's lack of progress.[2] A LEA's continuation of inadequate services will almost certainly be regarded as a denial of FAPE. [3]

Why Does My Kid Get The Chevy And Not The Cadillac?

As a parent, you may have heard someone say that children who receive special education services are only entitled to those services that would amount to a Chevy, and not those that would amount to a Cadillac. A person at the school district might have said it to you, or someone else, basically telling you that your child isn't entitled to the best, only serviceable special education. As a parent, you always want the best for your child, so how can this be right?

Bullying as a Denial of a Free and Appropriate Public Education

Bullying is a major issue and has garnered closer public attention with the tragedy at Columbine High School in 1999. There is no question that bullying is endemic on our school campuses and impacts all those involved. No child should be bullied and the schools have an affirmative duty to prevent and address bullying. When a victim of bullying is a child with a disability, the failure of the school to properly address the problem can be seen as a denial of a free and appropriate public education (F.A.P.E.).

Augustin Egelsee L.L.P.
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