Special Education Lawyers News

The law ensures the rights of the children with disabilities, as well those of the parents. Not only does the law ensure that children with disabilities have the opportunity receive Free and Appropriate Public Education FAPE, but also in the LRE, Least Restrictive Environment. The law also ensures that parents are fully informed of their rights and are participating in the educational process.
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The Individuals with Disabilities Education Act (IDEA) has a valuable purpose, and that purpose is to ensure that all children with disabilities have available to them a free and appropriate public education. Each eligible child is ensured, under IDEA, Free Appropriate Public Education (FAPE) with an emphasis on special education (SPED) and other related services.
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FAPE stands for Free and Appropriate Public Education, and is free special education and related services at public expense under public supervision and direction. These services must meet state educational standards and provide preschool, elementary, and secondary school level instruction.
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The landmark Americans with Disabilities Act (ADA), is federal legislation that congress enacted in 1990, and prohibits the discrimination against those with disabilities. The five areas protected from discrimination are employment, public state and local government services, public accommodations & commercial facilities, telecommunications, and a variety of other miscellaneous facilities. Miscellaneous facilities on the federal and state level, such as bus service, government meetings, public schools & universities, recreation facilities, and state parks are all to meet federal standards to accommodate our citizens with disabilities.
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Discipline of the student with special needs are entitled to due process, prior to receiving discipline because education is a legal right and we guarantee under the 14th amendment that students will be educated. Though parents and students find it difficult to distinguish between rights and privileges when it comes to prom night and walking at graduation, those are privileges not rights.
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