The definition of “child with a disability” explains how and why children are found to be eligible – or ineligible – for special education and related services under IDEA. A “child with a disability,” as defined by IDEA, is entitled to a free appropriate public education that emphasizes special education and related services designed to meet the child’s unique needs.
Special education is at the core of how schools address the needs of students with disabilities and support them in achieving the annual goals stated in their IEPs as aligned with the state’s academic content standards. Accordingly, how this term is defined in law and implemented in the real world is extremely important to students, families, and schools.
LRE is an acronym that stands for least restrictive environment. IDEA does not define “least restrictive environment” in its definitions section. However, it requires that each student receive special education and related services in the “least restrictive environment” and describes what this means.
Recall the Law: Schools (a) “must take steps, including, the provision of supplementary aids and services determined appropriate and necessary by the child’s IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities.” “(b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance [...]
FAPE is an acronym that stands for free appropriate public education. A cornerstone of IDEA, our nation’s special education law, is that each eligible child with a disability is entitled to a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet the child’s unique needs and that prepares the child for further education, employment, and independent living. Defined in IDEA at | 34 CFR §300.17, as follows: 300.17 Free appropriate public education. Free appropriate public education or FAPE means special education and related services that— (a) Are provided at public expense, under public supervision and [...]
On March 22, 2017, the U.S. Supreme Court issued a unanimous decision in Endrew F. v. Douglas County School District Re-1, 137 S.Ct. 988. In this decision, the court held that “to meet its substantive obligation under the Individuals with Disabilities Education Act (IDEA), a school must offer [a child] an IEP [individualized education program] reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” […]
