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When Does an Imperfect Implantation of and IEP Violate a Student Right to
a FAPE?
Introduction
An IEP serves as a written statement that describes a child’s level of performance, school
placement and services, and learning goals. In order to obtain an IEP, a parent must ensure that
the child is evaluated. Thereafter, the parent must write a letter to a relevant special educations
coordinator or director. The parent also writes a letter to the child’s teacher and principal. The
letter to the special educations coordinator must express concern about a child’s educational
progress and the need for referral. In 1975, the United States Congress made special education
programs mandatory. This was facilitated by the passing into law of the Education for all
Handicapped Children Act (EHA). The act was passed in response to the inequitable treatment
by educational bodies and agencies against public school students with disabilities. The act was
modified in order to strengthen the protection of people with disabilities (Turnbull, Huerta,
Stowe, Weldon & Schrandt, 2009). This law requires states to provide special education
facilities, programs and resources to students with disabilities. The improved act, known as the
Individuals with Disabilities Education Act (IDEA) entitles students to access appropriate and
free public education in a less restrictive environment.
In order to ensure that the student with disability receives a free and appropriate public education
(FAPE), a team that comprises professionals drawn from the local education agencies visits the
parent. The visit aims to identity the special or unique needs of the student. They also develop
annual goals for the student and determine modifications to the program, placement,
accommodation, counseling, testing and additional special services required by the student. In
this case, parents become part of a multidisciplinary team that comprises local educational
agency professionals. The multidisciplinary team collaborates during decision making. The
decisions and choices made are recorded in a written IEP or individualized Education Program
(Turnbull, Huerta, Stowe, Weldon & Schrandt, 2009). It is vital to note that an education
program is required to develop and execute an IEP that can meet the unique needs and standards

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of state and federal educational agencies. Additionally, parents have a right or option to refuse
special educational series and strategies for their children.
Following the frameworks and rules of IDEA, students with disabilities are entitled to special
educational programs and services. They should receive these educational services through their
local schools. In order for a student to receive special educational services, the student needs to
demonstrate a disability in a number of specific categories that include developmental disability,
autism, intellectual impairment, special learning disability, emotional and behavioral disability,
language and speech disability, intellectual disability, visual impairment and other health
impairments (Pitre, 2009). Depending on the individual needs of the student, the student can be
placed, mainstreamed or included in a special school. Additionally, the student may receive
specialized services in a self-contained classroom or resource room. In addition to achieving
academic goals, the IEP addresses social skills, self-care, vocational training and physical
speech. Placement into a program is integral to an IEP program.
Qualifying Students for FAPE
According to federal laws, students who are disabled, regardless of the extent of disability
qualify for free and appropriate education. Severely disabled children can learn simple tasks. It is
vital to note that schools have a responsibility of providing services that will enhance the
learning of these students. Additionally, teachers in special program schools design programs
that seek to expose a child to the curriculum (Sherman, 2007). Parents who know or suspect their
children to have problems making progress in school should request for evaluation from a local
school district. After the parent has made a request for referral and the school district performs
the referral process, it is vital for the district to begin the evaluation process. Federal laws require
a nondiscriminatory and comprehensive school evaluation that address suspected disability.
The individual education program is usually developed by a team that comprises of professionals
and parents. The team works closely with the student. A representative from the administration
of the school and teachers are required to attend these meetings (Sherman, 2007). The meetings
are conducted after parents have been notified. The notification indicates the time, purpose and

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location of the meeting. Additionally, the notification identifies the number of people who will
attend the meeting.
Limitation-Exception to FAPE
It is essential to note that the obligation to make FAPE available to students with disabilities is
not applicable in case of a number of situations. For instance, students aged 18-21 are excluded
from the program. Additionally, students aged 18-21 who were placed in an adult correctional
facility are excluded from the program. Students who have disabilities but have graduated from
high school are also excluded from the special education program. Graduation with a regular
school diploma requires a change in placement (Wilmshurst & Brue, 2005). With regards to
hearing aid, every public agency should ensure that hearing aids used by students in schools
function properly. The public agency should also ensure that surgically implanted medical
devices with external components function properly. However, public agencies are not
responsible for post surgical programming, maintenance or replacement.
School Control over IEP Contents
IDEA requires IEPs to be developed with the aid of a team that comprises educators and parents.
In most of the cases, school administrators and teachers have ultimate control over the
educational modifications, services and accommodations. Before most of the meetings, teachers
usually write draft IEPs, which covers the related services, special education, modifications and
accommodations. The teacher identifies these aspects according to his notion of their
appropriateness to the program. Teachers also have extensive knowledge of the required services
that are offered by schools to disabled students. During the IEP meetings, parents request
different or additional services from the services that are offered in the draft IEP. However, these
services are included in the IEP only if the school approves them (Curren, 2007). It is vital to
note that the development process of an IEP involves teachers and administrators who select
from a menu of services and supports. Parents are forced to accept the recommendations
provided by teachers. It is sensible to anticipate the school to accomplish its promises through
the implementation of the IEP because of the control the school exerts over the content of the
IEP.

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Conclusion
The U.S Congress passed an Act in 1975 that sought to reduce instances of discrimination
against students with disabilities. The Education for all Handicapped Children Act (EHA) was
passed in response to the inequitable treatment and distribution of resources by educational
bodies and agencies against public school students with disabilities. Later on, the act was
modified in order to provide an extended coverage that will facilitate the protection of people
with disabilities. The improved act entitled students to access appropriate and free public
education in a less restrictive environment. In order to ensure that the student with disability
receives a free and appropriate public education (FAPE), a team that comprises professionals
drawn from the local education agencies visits the parent. It is vital to note that an education
program is required to develop and execute an IEP that can meet the unique needs and standards
of state and federal educational agencies. Additionally, parents have a right or option to refuse
special educational series and strategies for their children. The rules and framework of IDEA
require students with disabilities to access special educational programs and services. They
should receive these educational services through their local schools. It is vital to note that the
student must show a disability in order to be included in the program. According to federal laws,
students who are disabled, regardless of the extent of disability qualify for free and appropriate
education. Severely disabled children can learn simple tasks. It is vital to note that schools have a
responsibility of providing services that will enhance the learning of these students. Additionally,
teachers in special program schools design programs that seek to expose a child to the
curriculum. Parents who know or suspect their children to have problems making progress in
school should request for evaluation from a local school district. After the parent has made a
request for referral and the school district performs the referral process, it is vital for the district
to begin the evaluation process. Federal laws require a nondiscriminatory and comprehensive
school evaluation that address suspected disability.

5.
Reference
1. Curren, R. (2007). A Companion to the Philosophy of Education. Oxford: John Wiley &
Sons.
2. Pitre, A. (2009). Educating African American students: Foundations, curriculum, and
experiences. Lanham: Rowman & Littlefield Education.
3. Sherman, D. A. (2007). Autism: Asserting your child's right to a special education. S.l:
4. Turnbull, H. R., Huerta, N., Stowe, M., Weldon, L., & Schrandt, S. (2009). The
Individuals with Disabilities Education Act as amended in 2004. Boston, Mass: Pearson.
5. Wilmshurst, L., & Brue, A. W. (2005). A parent's guide to special education: Insider
advice on how to navigate the system and help your child succeed. New York:
AMACOM.