Is It Time for Elevating the Standard for FAPE under IDEA?
Overview & Synopsis
This article examines a critical question for the special education community: What should be the current meaning of "free appropriate public education" (FAPE) in light of not only the Supreme Court's landmark "Rowley" decision in 1982 but also developments in the 30 years since then? After synthesizing what the "Rowley" Court, the scholar-commentators, and the post-"Rowley" lower courts have said, the author examines the latest answer from Congress via the 2004 Individuals With Disabilities Education Act amendments. Particular attention is paid to the provision concerning peer-reviewed research and the recent case law interpreting this provision. The author suggests that the time is ripe for the special education community to help Congress fashion an appropriately heightened substantive or at least procedural standard for FAPE.
eric.ed.gov)
Document Information
| Document Title | Is It Time for Elevating the Standard for FAPE under IDEA? |
|---|---|
| Author / Organization | Zirkel, Perry A. |
| Subject & Discipline | Federal Legislation, Educational Legislation, Court Litigation |
| Categories | Education & Pedagogy |
| Publication Year | 2013 |
| License / Rights | Public Domain / Open Access Educational Resource |
| Resource Verification | Listed PDF (Verification Pending) |
| Original Host Website |
ERIC (Education Resources)
(eric.ed.gov)
|
| File Format | application/pdf (Portable Document Format) |
| Language | EN |
| Catalog ID | DOC-304054 |
| Original Source Link | Visit Source Page on eric.ed.gov » |