Free Appropriate Public Education: IEPs and the IDEA

The Individuals with Disabilities Education Act "requires states and local educational agencies receiving federal IDEA funds to make a [free appropriate public education] available to children with certain disabilities between the ages of 3 and 21." Pace v. Bogalusa City Sch. Bd., 403 F.3d 272, 290-91 (5th Cir.2005) (en banc). Specifically, IDEA requires each federally funded school district to:

(1) provide each disabled child within its jurisdictional boundaries with a "free appropriate public education" [a "FAPE"] tailored to his unique needs, and (2) assure that such education is offered, to the greatest extent possible, in the educational "mainstream," that is, side by side with non-disabled children, in the least restrictive environment [the "LRE"] consistent with the disabled student's needs.

Estate of Lance v. Lewisville Independent School, 743 F. 3d 982 (5th Cir. 2014).

A FAPE must also reflect the IDEA's "'strong preference' for educating disabled students alongside their non-disabled peers; that is, in their least restrictive environment." M.W. ex rel. S.W. v. N.Y.C. Dep't of Educ., 725 F.3d 131, 143 (2d Cir.2013) (citing Walczak, 142 F.3d at 122). CL v. Scarsdale Union Free School Dist., 744 F. 3d 826 (2nd Cir. 2014).

In order to ensure that disabled children receive a free appropriate public education, school districts must create individualized education programs ("IEPs") for such children. Id.; see also 20 U.S.C. § 1414(d) (listing IEP requirements). IEPs must include "a comprehensive statement of the educational needs of [the] handicapped child and the specially designed instruction and related services to be employed to meet those needs." Frank G., 459 F.3d at 363 (internal quotation marks omitted). "In New York, the state has assigned responsibility for developing IEPs to local Committees on Special Education...." R.E. v. N.Y.C. Dep't of Educ., 694 F.3d 167, 175 (2d Cir.2012) (citing N.Y. Educ. Law § 4402(1)(b)(1)), cert. denied, ___ U.S. ___, 133 S.Ct. 2802, 186 L.Ed.2d 861 (2013). Such Committees "are comprised of members appointed by the local school district's board of education, and must include the student's parent(s), a regular or special education teacher, a school board representative, a parent representative, and others." Id. (citing N.Y. Educ. Law § 4402(1)(b)(1)(a)); see also N.Y. Comp.Codes R. & Regs. ("NYCRR") tit. 8, § 200.3(a). CF Ex Rel. RF v. New York City Dept. of Educ., 746 F. 3d 68 (2nd Cir. 2014).

THIS CASEBOOK contains a selection of 47 U. S. Court of Appeals decisions that analyze, discuss and interpret provisions of the Individuals with Disabilities Education Act. The selection of decisions spans from 2012 to the date of publication.