The Individuals with Disabilities Education Act (“IDEA”) is a comprehensive statutory framework established by Congress to aid the states in providing disabled children with a Free Appropriate Public Education (“FAPE”). [1] “A [FAPE] is available to all children with disabilities residing in the state between the ages of 3 and 21.” [2]
The IDEA defines a FAPE as special education and related services that:
(A) have been provided at public expense, under public supervision and direction, and without charge,
(B) meet the standards of the state educational agency,
(C) include an appropriate preschool, elementary, or secondary school education in the state involved, and
(D) are provided in conformity with the individualized education program required under § 614(d) of this title. 20 U.S.C. § 601(9).
A FAPE is crafted through the collaboration of the disabled student’s parents, teachers, and school district administrators and is recorded in an IEP. [3] The “core of the statute … is the cooperative process that [IDEA] establishes between parents and schools.” [4] The IDEA provides numerous procedural and substantive safeguards to protect the due process rights of disabled children and their parents. [5]
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[1] See 20 U.S.C. § 612(a)(I).
[2] See 20 U.S.C. § 612(a)(1)(A).
[3] See 20 U.S.C. § 614(d).
[4] See Schaffer v. Weast, 546 U.S. 49, 53 (2005)
[5] See generally, 20 U.S.C. § 615.