Legal Articles, General Practice
Placement in Appropriate Education Programs
Special education students are entitled to a free appropriate public education (otherwise known as “FAPE”), that must be tailored to the individual student. However, schools are not required to provide optimum programming – just “appropriate” programming. One federal judge has likened the difference between optimum and appropriate programming to that between a “Cadillac” and a “serviceable Chevrolet.” See Doe v. Bd. of Ed. of Tullahoma City Schools, 9 F.3d 455, 459-60 (6th Cir. 1993). However, if a particular service is required for the student’s special education needs, as evaluated, then the service must be provided without regard to how much it costs.
Special Education Law: Evaluation and Identification
Children identified as having disabilities have different rights from other students. Accordingly, the identification process is a very important step. It begins with a referral sent to the student’s school district – specifically, a written request for an evaluation of whether the child is eligible for, and needs, special education services. This request can be made by the child’s parent, school personnel, or another appropriate person (such as a physician or a social worker).
The Limited Circumstances Permitting Right to Transfer Under No Child Left Behind
Since it was passed into law in January 2002, the No Child Left Behind Act (NCLB) has been the subject of ongoing debate regarding its focus on test scores and increased teacher and administration accountability. However, one aspect of this legislation that has not received as much attention in the spotlight concerns school assignment decisions and the role of NCLB in the right to transfer.
What is “Gifted and Talented” and What If My Child Is Identified as Such?
What is “Gifted and Talented” and What If My Child Is Identified as Such?
What Steps Do Anti-Bullying Laws Take in Connecticut?
What Steps Do Anti-Bullying Laws Take in Connecticut?
What Is My Child’s School Required to Do to Prevent or Address Bullying?
What Is My Child’s School Required to Do to Prevent or Address Bullying?