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Special Ed 101
I Have No Idea What I Should Do or
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<blockquote data-quote="Sheila" data-source="post: 7432" data-attributes="member: 23"><p>FAPE is entrenched in both IDEA/IEP and Section 504.</p><p></p><p>Various info on FAPE:</p><p></p><p>FAPE = Free Appropriate Public Education</p><p></p><p>Any child covered under IDEA (has an IEP) is automatically covered under the Section 504 laws but the converse is not true. See <a href="http://concordspedpac.org/Section504.html" target="_blank">http://concordspedpac.org/Section504.html</a></p><p></p><p>The short version is:</p><p></p><p>Regulations: Part 300 / A / 300.17</p><p>Sec. 300.17 Free appropriate public education.</p><p>Free appropriate public education or FAPE means special education and related services that--</p><p>(a) Are provided at public expense, under public supervision and direction, and without charge;</p><p>(b) Meet the standards of the SEA, including the requirements of this part;</p><p>(c) Include an appropriate preschool, elementary school, or secondary school education in the State involved; and</p><p>(d) Are provided in conformity with an individualized education program (IEP) that meets the requirements of Sec. Sec. 300.320 through 300.324.</p><p>(Authority: 20 U.S.C. 1401(9))</p><p></p><p>"If the service or device is necessary for FAPE, expense or inconvenience does not matter. Note that OCR has seriously chastised schools where the decision about what services or devices to provide to eligible students is made on the basis of cost and convenience rather that on the basis of proper FAPE considerations." <a href="https://web.archive.org/web/20050201024121/http://www.504idea.org/Intersection_Dyslexia.pdf" target="_blank">https://web.archive.org/web/20050201024121/http://www.504idea.org/Intersection_Dyslexia.pdf</a></p><p></p><p>See <a href="http://www.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html" target="_blank">http://www.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html</a></p><p>Recipients operating federally funded programs must provide necessary services free of charge to students with disabilities and their parents or guardians. Provision of a free education is the provision of educational and related services without cost to the person with a disability or his/her parents or guardians, except for fees equally imposed on nondisabled persons or their parents or guardians.</p><p></p><p>HOW IS AN APPROPRIATE EDUCATION DEFINED?</p><p>An appropriate education may be defined in different ways. An appropriate education could consist of education in regular classes, education in regular classes with the use of supplementary services, or special education and related services in separate classrooms for all or portions of the school day. Special education may include specially designed instruction in classrooms, at home, or in private or public institutions, and may be accompanied by such related services as speech therapy, occupational and physical therapy, and psychological counseling and medical diagnostic services necessary to the child's education .</p><p></p><p>FAPE PROVISIONS IN THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA)</p><p>Part B of IDEA requires participating states to ensure that a free appropriate public education (FAPE) is made available to eligible children with disabilities in mandatory age ranges residing in the state. To be eligible, a child must be evaluated as having one or more of the disabilities listed in IDEA and determined to be in need of special education and related services. .</p><p>The requirements for FAPE under IDEA are more detailed than those under Section 504. In specific instances detailed in the Section 504 regulation (for example, with respect to reevaluation procedures and the provision of an appropriate education), meeting the requirements of IDEA is one means of meeting the requirements of the Section 504 regulation."</p><p></p><p>Rest assured that the Sp Ed Department of your school district is aware of this.</p></blockquote><p></p>
[QUOTE="Sheila, post: 7432, member: 23"] FAPE is entrenched in both IDEA/IEP and Section 504. Various info on FAPE: FAPE = Free Appropriate Public Education Any child covered under IDEA (has an IEP) is automatically covered under the Section 504 laws but the converse is not true. See [url]http://concordspedpac.org/Section504.html[/url] The short version is: Regulations: Part 300 / A / 300.17 Sec. 300.17 Free appropriate public education. Free appropriate public education or FAPE means special education and related services that-- (a) Are provided at public expense, under public supervision and direction, and without charge; (b) Meet the standards of the SEA, including the requirements of this part; (c) Include an appropriate preschool, elementary school, or secondary school education in the State involved; and (d) Are provided in conformity with an individualized education program (IEP) that meets the requirements of Sec. Sec. 300.320 through 300.324. (Authority: 20 U.S.C. 1401(9)) "If the service or device is necessary for FAPE, expense or inconvenience does not matter. Note that OCR has seriously chastised schools where the decision about what services or devices to provide to eligible students is made on the basis of cost and convenience rather that on the basis of proper FAPE considerations." [url]https://web.archive.org/web/20050201024121/http://www.504idea.org/Intersection_Dyslexia.pdf[/url] See [url]http://www.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html[/url] Recipients operating federally funded programs must provide necessary services free of charge to students with disabilities and their parents or guardians. Provision of a free education is the provision of educational and related services without cost to the person with a disability or his/her parents or guardians, except for fees equally imposed on nondisabled persons or their parents or guardians. HOW IS AN APPROPRIATE EDUCATION DEFINED? An appropriate education may be defined in different ways. An appropriate education could consist of education in regular classes, education in regular classes with the use of supplementary services, or special education and related services in separate classrooms for all or portions of the school day. Special education may include specially designed instruction in classrooms, at home, or in private or public institutions, and may be accompanied by such related services as speech therapy, occupational and physical therapy, and psychological counseling and medical diagnostic services necessary to the child's education . FAPE PROVISIONS IN THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA) Part B of IDEA requires participating states to ensure that a free appropriate public education (FAPE) is made available to eligible children with disabilities in mandatory age ranges residing in the state. To be eligible, a child must be evaluated as having one or more of the disabilities listed in IDEA and determined to be in need of special education and related services. . The requirements for FAPE under IDEA are more detailed than those under Section 504. In specific instances detailed in the Section 504 regulation (for example, with respect to reevaluation procedures and the provision of an appropriate education), meeting the requirements of IDEA is one means of meeting the requirements of the Section 504 regulation." Rest assured that the Sp Ed Department of your school district is aware of this. [/QUOTE]
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