Litigation and Free Appropriate Public Education
There is not a true definition of FAPE in the IDEA, therefore disagreements between parents and schools often occur about what constitutes an appropriate education for a specific student. Understanding the litigation surrounding FAPE will help school in the development and implementation of appropriate special education programs for students with disabilities.
Board of Education of the Hendrick Hudson School District v. Rowley, 1982
Rowley was the first special education case herd by the Supreme Court. This case was the first time the Supreme Court got to interpret the FAPE mandate. The Supreme Court decided the purpose of FAPE was to provide students with disabilities a simple platform of opportunity involving the access to specialized instruction and related services. In addition to defining FAPE, the Supreme Court also created and applied what became known as the Rowley standard.
The Rowley standard ensures that the provision of FAPE are being met according to IDEA. The Rowley standard is a two part test used by courts to decide if a school has provided FAPE as required by IDEA. The first part of the Rowley standard is deciding if the school has complied with the procedures of the IDEA. The second part of the Rowley standard decides if the individualized education program (IEP) developed through the IDEA's procedures has been calculated to enable the child to receive educational benefits. The decision from the Rowley case is still relevant and important when a court is deciding on whether or not a student is receiving FAPE.
The Rowley standard ensures that the provision of FAPE are being met according to IDEA. The Rowley standard is a two part test used by courts to decide if a school has provided FAPE as required by IDEA. The first part of the Rowley standard is deciding if the school has complied with the procedures of the IDEA. The second part of the Rowley standard decides if the individualized education program (IEP) developed through the IDEA's procedures has been calculated to enable the child to receive educational benefits. The decision from the Rowley case is still relevant and important when a court is deciding on whether or not a student is receiving FAPE.
Reference:
Yell, Mitchell L. (2012) The Law and Special Education: Third Addition. Upper Saddle River, NJ: Pearson Education, Inc.
Yell, Mitchell L. (2012) The Law and Special Education: Third Addition. Upper Saddle River, NJ: Pearson Education, Inc.