Mandatory attendance laws create the property right to an education-supreme court decision

     -supreme court said your law doesn't apply to only certain populations...your reasoning for excluding certain children doesn't hold up

     -Brown said that you can't make some children's education property less valuable than others (separate does not mean equal)

-doesn't really mean free

-it means there is a core level of services that the child has a right to and they are totally free

     -what is required for graduation

     -then there are services that require fees

"reasonably calculated to provide educational benefit"

-the kid is not making progress or no progress monitoring- trying to decide what is appropraite

-courts have held over and over again that they don't uphold educational outcome for non-disabled persons so they are not going to give the right to disabled persons

The provisions of a FAPE sometimes requires that students with disabilites be provided with related services in addition to their SpEd services.  Related services are defined in the IDEA as "supportive services...as may be required to assist a chld with a disabiilte to benefit from SpEd".

examples- audiology, counseling, partent training, psychological services

**Not requireing physician- how intense can this get in terms of nursing care change from old standard**

Amber Tatro (8 yr old w/ spina bifida)- needed clean intermittent cathererization to be performed every 3-4 hrs. to prevent kidney damage

the brightline standard for lower courts to follow

-if the related services had to be provided by a physician, the school district was not respondible for providing the services.  However, if a nonphysician could provide the services, even if they were medical in nature, the school district was responsible for providing the service

Amy Rowley was a student who was deaf.  She received a hearing aid and her tchr had sign lang. training.  Upon entry into 1st grade her parents wanted a sign lang. interpreter in all of Amy's academic classes.  School did not want to provide those services because Amy was performing at or above the rest of her classmates.

-Supreme court said she was provided a FAPE because she was at or above the rest of her classmates without the interpreter in all of her classes

1. has the school complied with the procedures of the Act?

2.  Is the individualized education program developed through the Act's procedures, reasonably calculated to enable to child to receive educational benefit?

     -requires that courts examine a student's IEP and the progress he or she has made to determine whether the IEP developed by the shcool was reasonably calculated to enable a student to receive educational benefits

If these criteria are met, a school has complied with FAPE requirements.

consideration of the child

-look at the child's IEP and the progress they have/have not been making

-raising the bar/challenge

-all cases discussed in the book outlined that the courts decided the FAPE provided by the schools were inappropriate for various reasons (e.g. lack of intensity of the programming, inappropraite focus of the programs, lack of individualization, lack of progress)

-as long as the school offers an appropraite program, the choice of educational methodology is up to the school district.  In situations involving ABA , however, the rulings indicate that when a shcool's programming does not show evidence of progress and is compared with ABA method, which pravail in such situations, school districts need to provide a FAPE that results in meaningful eductional benefit.

-school district must ensure the ESY services are available as necessary if an IEP determines that these services are needed to provide a FAPE

-many courts have based their decisions on the regression/recooupment problem

    -students had regressed to such a degree on important skills during an extended break that it took an inordinate amount of time to recoup the lost skills

     -courts have held that regression may be in a number of areas, including academics, emotional or behavioral status, physical skils, self-help skills, or communication