Basic Rights for Students with Disabilities - LAW
Who is entitled to a free appropriate public education? Regardless of the type or severity of a person's condition, the Section 504 regulation mandates that a school district provide a "free appropriate public education" (FAPE) to every qualified person with a disability who resides in the district.
- Every qualifying individual with a disability who resides in a school district is entitled to a free appropriate public education.
-FAPE is generally available to all school-age children who meet the criteria for individuals with disabilities under Section 504 and IDEA (Individuals with Disabilities Education Act)
-A child must be found to have one or more of the IDEA-listed disabilities and be in need of special education and associated services in order to qualify. Evaluations must be carried out in accordance with the guidelines. Hearing impairments, including deafness, speech or language impairments, visual impairments, including blindness, emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, specific learning disabilities, deaf-blindness, and multiple disabilities are among the disabilities listed in the IDEA.
How is an ‘appropriate education’ defined? A program created to offer "educational benefit" is considered appropriate education. Whenever necessary, additional services are given so that the student can take advantage of specifically created instruction.
Regular or special education, as well as any necessary aids and services to meet the special requirements of people with disabilities, can all be considered to be part of an appropriate education.
References:
Appropriate education definition. Law Insider. (n.d.). Retrieved March 7, 2023, from https://www.lawinsider.com/dictionary/appropriate-education
US Department of Education (ED). (n.d.). Free appropriate public education under Section 504. Home. Retrieved March 7, 2023, from https://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html