Assignment task:
Respond as if having a back and forth conversation:
In this discussion, I will discuss Free Appropriate Public (FAPE). The limitations for both parents and school districts. How FAPE may become a point of contention during the IEP development process. What FAPE covers and does not cover. Then I will search online for the legal limits of FAPE.
FAPE is the acronym for Free Appropriate Public Education. Individuals with Disabilities Education Act (IDEA) requires an individualized education program (IEP) to make available the necessary educational needs to students with disabilities. This allows the student to thrive and excel in their education process. "The Section 504 regulation requires a school district to provide a "free appropriate public education" (FAPE) to each qualified person with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the person's disability." (Free Appropriate Public Education for Students with Disabilities, 2007).
The limitations for parents begin with the parents giving consent for their child to be assessed for special education resources. Parents also have difficulty with the opportunity or capabilities to request services beyond the IEP process. School administrations are limited in the ability for special education resources availability. Also, if the parents do not consent to an IEP assessment or agree with the IEP suggestions, this can limit the school district's options for the student. "If parents or guardians disagree with the school's decisions, they must be afforded an impartial hearing, with an opportunity for their participation and representation by counsel. A review procedure also must be available to parents or guardians who disagree with the hearing decision" (Free Appropriate Public Education for Students With Disabilities, 2007).
FAPE may become a point of contention during the IEP development process when the parents and school administration disagree. Due process has been established as part of the procedures to inform and make parents aware of the recommendations. "The due process procedures must allow the parents or guardians of students in elementary and secondary schools to challenge evaluation and placement procedures and decisions" (Free Appropriate Public Education for Students With Disabilities, 2007).
FAPE covers equal opportunity for students to access all extracurricular activities. "These services may include physical education and recreational athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the school, and referrals to agencies that assist persons with disabilities and employment of students" (Free Appropriate Public Education for Students With Disabilities, 2007). All services available are free to the student if the same services are free to the general student population in the school. FAPE does not cover any requested services the parents may prefer, only services the school has available to offer. FAPE does ensure the same quality of service offered to special needs and non-disabled children.
While searching the internet, I found that legally FAPE is offered to ages three years to twenty-two years old individuals who have been identified as needing FAPE services. "Every school district in the state has an obligation to identify, locate, and evaluate the children who may be eligible for special education, including those attending private schools, under U.S. Code of Federal Regulations Title 34 § 300.111. The State must have a practical method to determine who these children are, and if they are already receiving the correct assistance. Children who advance from grade to grade but are suspected of having a developmental disability, and the children of migrant parents, are also covered under this code" (Woodsmall Law Group, 2023). Obtaining quality education is not always easily accessible. Each student has different strengths and weaknesses. Parents may need to seek legal assistance if the school is not fairly offering IEP under IDEA and FAPE.