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Before 1975 children who had disabilities had no federal right to an education, and school boards in most states had the right to exclude any child from school. Even the few states that had mandatory special education programs for some children with disabilities were free to exclude other children such as those with severe or complex or rare disabilities.
With the passage in 1975 of the federal law now known as the Individuals with Disabilities Education Act (IDEA), all that changed. If a state wished to receive federal money under IDEA (then called P.L. 94-142), it had to ensure that every child with a disability would have a free appropriate public education (FAPE) available. In the years since IDEA was passed, all states and territories have agreed to comply with IDEA and to provide FAPE for every child who has a disability.
A FAPE is legally defined as an individualized education which is reasonably calculated to allow a child to receive educational benefit. It must be available at no cost to the parents and be developed and delivered in accordance with the procedures required by IDEA. A major IDEA provision governing FAPE gives every student with a disability the right to a written individualized education program (IEP). Under IDEA, each child receives a thorough, individualized evaluation to determine both IDEA eligibility and all of the child's unique educational needs. From that evaluation, the IEP is developed. Then, just as the IEP is based on the evaluation, the placement decision (i.e., where the child will receive the needed special education and related services) is based on the IEP.
This lesson provides an overview of the fundamentals of providing a legally correct and educationally useful IEP.
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