Are the services and accommodations your special needs child is receiving at school appropriate? The idea of “appropriateness” carries a great deal of weight legally.
Under special education law, in order to have provided a disabled student with a free and appropriate public education (FAPE), a school district has the obligation under the Individuals with Disabilities Education Act (IDEA) to provide each disabled student with a basic floor of opportunity and provide appropriate educational services that will allow the disabled student to benefit from the instruction.
Under Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability, an important responsibility of the Office for Civil Rights (OCR) is to eliminate discrimination on the basis of disability against students with disabilities. The identification of students who are protected by Section 504 and the means to obtain an appropriate education for such students is highly regulated by the OCR.
Both laws require a school district to provide a “free appropriate public education” (FAPE) to each qualified student with a disability who is in the school district’s jurisdiction. “Appropriateness” is the key for addressing the unique needs of each student.
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