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FAPE Case Study Essay

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Though many of the issues that result in due process appear to be issues of FAPE, many begin as disagreements about IEPs, why do you think this might be the case?
I think that many of the disagreements about IEPs begin because there are disagreements about how the IEP is written and interpreted by the parents and school personnel concerning the ambiguities that exist between FAPE and legislation. Additionally, I think sometimes educators believe that because the parent does not have a degree in education they must not know what they are talking about in terms of their child’s education. Finally, I believe disagreements occur when there is conflict over whether or not the school district is providing adequate accommodations for services. As Amy stated, FAPE …show more content…
I think it is difficult for the schools and courts to resolve due process issues because of the ambiguities found between litigation and laws. According to Zirkel, lower courts have interpreted the Board of Education v Rowley restrictively rather than viewing expansively.
Based on Amy Rowley’s life experience as the subject of litigation under IDEA, what changes would you recommend in the law?
I believe that it is important to raise the standard for FAPE and to make the necessary provisions to the law in order to eliminate the gap that exists between the current standards of special education and the current interpretations of the court. I agree with Zirkel who states the Rowley is outdated based on 2004 amendments made to IDEA. I also believe that long overdue amendments need to be made to IDEA. I would suggest provisions that ensure the school districts are providing an adequate education rather than access to an appropriate education for students with disabilities.
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