Topic Outline:

I.   Acquire knowledge regarding IDEA and New York State Special Education Law Article 89
B.   Substantive Rights

   1. Free Appropriate Public Education (FAPE)

There must be adequate compliance with procedures prescribed in the law.

The IEP must be reasonably calculated to enable the child in question to receive meaningful educational benefits.
Board of Education v. Rowley, 458 U.S. 176 at 1089, 102 S.Ct. at 3042, 1981-82 EHLR at 553.

The studentís educational program must be designed to meet their individual needs

Least Restrictive Environment means that students with disabilities should have access to appropriate education with non-disabled peers which may mean a more restrictive setting, and be as close as possible to studentís home.  The text of regulation 8 NYCRR §200.1(cc) is:

"Placement of students with disabilities in special classes, separate schools or other removal from the regular educational environment occurs only when the nature or severity of the disability is such that even with the use of supplementary aids and services, education cannot be satisfactorily achieved.  Placement of an individual student with a disability in the least restrictive environment shall:

• Provide the special education needed by the student;
• Provide for education of the student to the maximum extent appropriate to the needs of the student with other students who do not have disabilities, and
• Be as close as possible to the studentís home."

A school district may remove a child to a more restrictive setting only when it is determined that the childís individualized education program and goals cannot be adequately met in a regular education setting even with additional support services.

When the CSE (Committee on Special Education) makes this determination, it must not place the student in a program that is more restrictive than necessary.