Under the Individuals with Disabilities Education Act (“IDEA”) an IEP must be "reasonably calculated to enable the child to receive an educational benefit.” This is sometimes called the Free Appropriate Public Education standard or “FAPE” An "educational benefit" must be more than trivial, meaning the IEP and services must be calculated to enable the student to make "meaningful and effective progress commensurate with his or her educational potential"
Standardized cognitive / intellectual assessments provide one widely-accepted way to assess a child’s potential. The following are a list of common evaluation tools with links to descriptions of the tests:
FAPE During School Closures
The special education landscape has changed dramatically in the past few weeks due to COVID-19 related closures. At first, state and federal agencies were asserting that schools need not provide any special education services if they did not provide any educational services at all to any student. This position was flawed and frankly wrong. In response, we joined with civil rights advocates from across the country to ensure students’ rights to a free appropriate public education (FAPE). As part of these efforts, we joined with other leaders and submitted this letter to the Massachusetts Department of Elementary and Secondary Education (DESE). A few days later we spoke directly with the Education Commissioner and explained even in these challenging circumstances the right to a FAPE is remains.
School Closures, Special Education Rights, and COVID-19
NOTE: THIS GUIDANCE HAS BEEN REPLACED WITH A CLEAR STATEMENT THAT STUDENT’S RIGHT TO FAPE CONTINUES DURING COVID CLOSURES. YOU CAN READ THAT HERE.
What To Do When the IEP Stops Working
Attorney Wong wrote this guide for ADDitude magazine, but it applies to parents of students with a wide range of disabilities.
Dedham Teachers Advocate for Students
Parents and advocates are often too quick to view teachers as the opposition instead of the child's greatest potential ally. Teachers in Dedham demonstrated their commitment to educating students when they filed a complaint with the Department of Education against their Superintendent for her failure to implement thirteen children's IEPs.
U.S. Department of Education Answers Questions About FAPE
On December 7, 2017, the United States Department of Education ("U.S. DOE") published a document aiming to help parents and other stakeholders better understand the U.S. Supreme Court's decision in Endrew F. v. Douglas County School District, 137 S. Ct. 988.
Attorney Wong & Andover Family Prevail at BSEA
On July 9, 2018, the Bureau of Special Education Appeals ("BSEA") ruled that the Andover Public Schools ("Andover") had violated the Individuals with Disabilities Education Act ("IDEA") by failing to offer a nine-year-old boy with dyslexia an Individualized Education Plan ("IEP") that provided a Free Appropriate Public Education ("FAPE"). The BSEA ordered Andover to reimburse the family for their costs of unilaterally placing their son at the Landmark School and found that the student continued to require intensive, specialized instruction in a fully-subseparate language-based program.
2017 Year in Review
2017 was an eventful year in the world of special education. At the national level, the U.S. Supreme Court decided Endrew F., its first special education case in over thirty years. The unanimous Court held that FAPE requires a school to offer an IEP that is “reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances." The Court further emphasized that “every child should have a chance to meet challenging objectives.”
U.S. DOE Answers Questions about FAPE
On December 7, 2017, the United States Department of Education ("U.S. DOE") published a document aiming to help parents and other stakeholders better understand the U.S. Supreme Court's decision in Endrew F. v. Douglas County School District Re-1, 137 S. Ct. 988.