How FAPE Denials Affect Emotional Well-Being
Denying students FAPE impacts their well-being and education, as courts require IEPs to address academic and emotional needs, with parents having recourse through due process hearings under IDEA.
Denying FAPE: More Than a Legal Issue 😔
Denying students with disabilities access to Free Appropriate Public Education (FAPE) is not just a legal problem. It also affects their emotional well-being and their ability to reach their full potential. Recent court cases highlight this important issue.
Court Cases and FAPE ⚖️
- Case 1: The Ninth Circuit Court of Appeals ruled that schools can't just focus on technicalities (the first part of the Rowley test) when dealing with FAPE denial claims. They must also check if the IEP was carefully designed to actually provide educational benefits to the student.
- Case 2: A student with emotional disabilities was bullied at school, causing him to struggle in class. His parents wanted him to transfer to private school, but the school refused, saying the IEP didn't address the social and emotional needs caused by the bullying. The court found that the school's refusal violated the student's rights and denied him FAPE.
IDEA and Educational Benefit ✨
IDEA requires that IEPs be designed to provide educational benefit to children with disabilities.
Disagreements and Due Process 🤝
If parents disagree with an IEP decision, they can request a due process hearing.
VillageED's Support 👍
VillageED provides support for due process hearings to all enrolled students.