Entry Page Table of Contents Orientation Support Lessons Practice
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Outline IEPs space
Outline Graphic Outline for Lesson 5:
Does the IEP Provide FAPE?
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  1. FAPE defined
    1. An individualized program (IEP) addressing unique educational needs, reasonably calculated, developed, and implemented following IDEA requirements
    2. Special education and related services, not regular education and general curriculum
    3. Student entitled to "Chevrolet," not "Cadillac," level of education
    4. Benefit required determined individually and based on ability
    5. New emphasis on measuring progress from PLOP to objectives and goals
    6. Case studies

  2. Methodology and FAPE
    1. Instructional methodology
    2. Courts, hearing officers defer to district's choice of methodology
    3. Determination of need for certain methodology

  3. Errors in IEP development
    1. Errors in IEPs
      1. IEP should provide sufficient educational benefit to constitute FAPE
        1. "Benefit" a floating entitlement based on ability
        2. "Benefit" varies from "some" to "meaningful"
        3. Child of average IQ should progress a year's worth in each school year
      2. Examples of errors
        1. IEP repeats unsuccessful services
        2. Failure to provide essential accommodations
        3. IEP not implemented
        4. Adequately trained staff not provided

    2. Common procedural errors
      1. Equal emphasis on substance and procedure
        1. Errors in parental participation
        2. Limiting parental involvement
      2. Examples - serious procedural deficiencies viewed as denial of FAPE
        1. Not completed at proper time
        2. Lack of objective, measurable benchmarks or goals
        3. Placement decision being made prior to development of IEP


  4. Implementing the IEP
    1. Must be implemented as written
    2. Essential workers need copies of pertinent portions
    3. Assessment of objectives or benchmarks major part of IEP implementation
    4. Extent of progress reported to parents
    5. Use of "measuring stick" for writing goals and objectives strongly urged

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