Defining Procedural FAPE
Apr 21, 2024In this section, I will explore the concept of procedural FAPE as specified in the Individuals with Disabilities Education Act (IDEA) of 2004. Procedural FAPE refers to the process and procedural safeguards put in place to make sure children with disabilities receive appropriate educational services and supports.
Under IDEA, procedural FAPE guarantees that children with disabilities have the right to a free and appropriate public education that meets their unique needs. It includes the quality of education and the process through which educational decisions are made and implemented.
IDEA 2004 lays out specific requirements that must be followed by schools and educational agencies. These requirements include:
- Providing written notice to parents before any changes in a child's educational program.
- Allowing parents to participate meaningfully in all meetings and decision-making processes regarding their child's education.
- Providing the opportunity for parents to obtain an independent educational evaluation (IEE) if they disagree with the school's evaluation.
- Making accommodations or modifications during assessments or evaluations available.
Additionally, IDEA 2004 establishes procedural safeguards such as written state complaints, mediation, due process hearings, and appeals to resolve disputes between parents and schools. These safeguards protect the rights of children with disabilities.