See Response

Guided Response:

Review the posts of your classmates and the Instructor

.

Reply to at least two peers’ posts with your reflection of the letter that was sent home to Destini’s parents.

· What information was helpful in explaining FAPE?

· What additional information might be provided to clear up any confusion on the parent of Destini’s parents?

· If you were Destini’s parent what questions might you ask the teacher?

· Include at least one additional resource that helps to substantiate your writing.

Though two replies are the basic expectation, for deeper engagement and application of the material, you are encouraged to provide responses to any comments or questions others have made (including your Instructor) before the last day of the discussion period. This will extend the conversation while providing opportunities to demonstrate your content expertise, critical thinking, and real work experiences with this topic.

Professor additional note.:

Hi ,

Welcome to Week#2. I look forward to reading your letters to Destini’s parents. When you reply to peers, please consider the following:

· What information was helpful in explaining FAPE?
· What additional information might be provided to clear up any confusion on the parent of Destini’s parents?
· If you were Destini’s parent what questions might you ask the teacher?
.
 

Response 1

NIKI Holly

Dear Mr. and Mrs. Marlow,
     We would like to thank you for contacting us with your inquiry about your daughter’s evaluation in her first-quarter report. Our main goal is to support Destini on her learning journey and address her specific needs, as identified in her Individualized Education Program (IEP), with maximum accuracy and professionalism. You, as parents, are the source of valuable information, and collaboration with you during all the stages of Destini’s Individual Education Program (IEP) is crucial for her success.
     With the goal to prepare all individuals for further education, employment, and independent living, the Individuals with Disabilities Education Act (IDEA) guarantees a free appropriate public education to all children, regardless of their disabilities or impairments ( Individuals with Disabilities Education Act, 20 U.S.C. § 1400, 2004). Before being identified as eligible for special education services, a child must meet the criteria of disability as defined by IDEA (2004) and must require special education services and other related services due to the disability (Dragoo, 2017). Historically, struggling learners were required to show a “severe discrepancy” between intellectual ability and academic achievement in order to be identified as having an SLD (IDEA 2004 Close Up: Evaluation and Eligibility for Specific Learning Disabilities, 2017). Nowadays, trends suggest that RTI (Response to Intervention) model might be more appropriate while identifying students’ needs and providing support (Sullivan & Castro-Villarreal, 2013).
     Regardless of the implementation of high-quality instruction, research-based interventions, and systematic screening and progress monitoring, Destini did not make significant progress in the pre-referral stage and was referred to an IDEA eligibility evaluation process. After unsuccessful ‘Response-to-Intervention’ and due to the lack of effective progress in reading and vocabulary comprehension, a series of standardized tests were administrated to evaluate Destini’s learning and academic skills. The results demonstrated gaps in her learning, specifically in the area of reading comprehension and basic reading skills. During the evaluation meetings, Destini’s IEP team that you are part of, along with Mrs. Green (school reading specialist), Mr. Black (school district representative), Mr. Franklin (Destini’s classroom teacher), and Mrs. Hellebrandova (Destini’s special educator), examined and interpreted the evaluation results. Destini has been found eligible for special education services under the category ‘Specific Learning Disabilities (SLD) – basic reading skill and reading comprehension’ as defined by IDEA ( Individuals with Disabilities Education Act, 20 U.S.C. § 1400, 2004). By law, Destini’s education is provided at the public’s expense and guidance. Our school district is required to provide a “free appropriate public education” (FAPE) in the least restrictive environment (LRE) (Free Appropriate Public Education for Students With Disabilities, 2010).
     Destini’s eligibility gives us the possibility to address her learning needs. Since the beginning of the school year, we have provided Destini an “appropriate education” with services that were tailored to meet her specific needs as outlined in her IEP and agreed upon by all members of the IEP team. We have adapted the classroom setting and have prepared specific supporting materials and tools as necessary to guarantee that the environment is least restrictive (LRE) for Destini. We have been providing her with special education services, specifically individualized, one-to-one reading support, directly in the classroom. Ongoing formative assessments have been used to monitor Destini’s progress, establish the level of her understanding and identify the areas that need more support or to be retaught using different teaching strategies. Summative and benchmark assessments based on the teachers and online running records, multiple-choice quizzes, word meaning maps, comprehension quizzes, etc. h, have been administrated regularly every month and at the end of each reading level (Assessing A Student’s Level, n.d.). The results of these assessments clearly demonstrate Destini’s progress towards the IEP goals. The reports are regularly sent to all members of Destini’s IEP team and are available, with detailed documentation, in our administrative office.
      The law clearly defines who is entitled to FAPE, terms of appropriate education, alongside other conditions. However, FAPE does not demand a school to provide the best service possible to students with disabilities; reasonable progress is required rather than the best education. (Lee, n.d.). Destini has earned a ‘C’ for her first quarter grade. The ‘C’ grade is considered a passing grade in our evaluation system. Supported by our special education services, Destini has made substantial, measurable progress on her IEP goals. Such progress clearly indicates educational benefit from our interventions. Therefore, we believe that our school fully satisfies the requirements of IDEA to provide Destini with the FAPE (Osborne & Russo, 2014).
     We hope that we have answered your questions. However, we are open to further clarification if necessary. Please, do not hesitate to make an appointment at your most convenient time to discuss Destini’s progress in person.
Sincerely,
Niky Holly(Special Education) and Jonathan Franklin (General Educator)
……
References
Individuals with Disabilities Education Act, 20 U.S.C. § 1400. (2004, December 3).
Dragoo, K. E. (2017, June 14). The Individuals with Disabilities Education Act (IDEA), Part B: Key Statutory and Regulatory Provisions. Retrieved February 22, 2021, from Congressional Research Service: https://fas.org/sgp/crs/misc/R41833  (Links to an external site.)

Sullivan, J. R., & Castro-Villarreal, F. (2013). Special Education Policy, Response to Intervention, and the Socialization of Youth. Theory Into Practice, 52:3, pp. 180-189.
IDEA 2004 Close Up: Evaluation and Eligibility for Specific Learning Disabilities. (2017, July 14). Retrieved April 2021, from Great Schools: https://www.greatschools.org/gk/articles/evaluation-and-eligibility-for-specific-learning-disabilities/ (Links to an external site.)

Free Appropriate Public Education for Students With Disabilities. (2010, August). Retrieved March 2021, from U.S. Department of Education: https://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html (Links to an external site.)

Lee, A. M. (n.d.). What is and isn’t covered under FAPE. Retrieved March 2021, from Understood: https://www.understood.org/en/school-learning/your-childs-rights/basics-about-childs-rights/what-is-and-isnt-covered-under-fape (Links to an external site.)

Assessing A Student’s Level. (n.d.). Retrieved March 2021, from Learning A-Z, Raz-Plus: https://www.raz-plus.com/learninga-z-levels/assessing-a-students-level/ (Links to an external site.)

Osborne, A. G., & Russo, C. J. (2014). Special education and the law: A guide for practitioners (3rd ed., Kindle Edition). Thousand Oaks, CA, U.S.A.: Corwin – SAGE

Response 2 Sharon Collins
Hello, my name is Mr. Chisom. I am writing to you in regard to Destini and her reading comprehension problem. First, I want to explain what FAPE means to children who struggle in certain areas of education. FAPE or free appropriate public education which allows all qualified students with a disability a chance to receive help in the area they are struggling in. With FAPE, Destini will be entitled to aids and ways to get a chance at an equal education as other children. FAPE allows services to meet her needs such as reading. Under FAPE it states that “ services designed to meet the individual education needs of students with disabilities as adequately as the needs of non-disabled students” (U.S Department of Education, 2010). Under FAPE, Destini will be able to receive assistants for her specific issue which is reading. She will be entitled to services like extra help when it comes to teachers and an opportunity at a fair education like that of her peers. She may not have to leave the classroom for this help but having that extra assistants to help her in understanding how to read will help further her education. Depending on her disability, there are many ways to handle a reading comprehension problem. There could be an underlying disability that is preventing her from achieving her goals in class. I believe getting her evaluated would be the best way to determine what actions under FAPE we need to address to give her the best education possible.
Thank you for your time! Hope to talk to you soon.
Sharon Collins

References
US Department of Education (ED). (2010, August). Free Appropriate Public Education under Section 504. U.S Department of Education. https://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html#:%7E:text=The%20Section%20504%20regulation%20requires,severity%20of%20the%20person’s%20disability.
Response 3

Lee Bently

summarize how the amendments of IDEA addressed the progressive improvements of special education in meeting the needs of children with disabilities.
If I recall, IDEA allows for students with disabilities to obtain a free education within the least restrictive environment.  IDEA mandates that schools adapt instructional curricula to meet the individual needs of each student with a disability (June 2018).  In my previous class several classes back, if I recall as well, under IDEA, a child is able to begin services at age 3 and continue through the age of 21 or the end of high school.  Without IDEA, students whom have disabilities could/would be considered outcasts and would most likely not be taught to the best of their ability.  Under IDEA there are Thirteen different categories, and a special needs student must come under at least one of those categories to be considered for the program. 
Then, explain how special education law provides for an appropriate and equal public education as intended by the original iteration of the IDEA, Public Law 94-142, as well as the current governing law.
 
94-142 guaranteed a free appropriate public education to each child with a disability (November 2010).  This particular law had several benefits for students.  There was a dramatic, positive impact on millions of children with disabilities in every state and each community across the country (November 2010).  Under this law, children are able to receive instruction in a normal classroom which would be considered a least restrictive environment. 
 
 Complete your initial post by reflecting on the impact that the development of these laws have had in protecting the rights of children with disabilities.
I feel without these laws, children today, my children wouldn’t have a chance, and would be pushed a side because they were different.  By having these laws such as No Children Left Behind, I feel it forces the educational community to pull together, to give each student within the classroom setting the best possible option at succeeding. 
 
 
Individuals with Disabilities Education Ace (IDEA) August 2017
https://www.apa.org/advocacy/education/idea (Links to an external site.)

U.S. Department of Education (November 2010)
https://www2.ed.gov/about/offices/list/osers/idea35/history/index_pg10.html

Dear Mr. and Mrs. Marlow,
On behalf of Mr. Franklin and I, we would like to thank you for advocating for your child and being so involved with Destini’s education. It is a goal for us all to ensure that Destini is provided the most appropriate education for her specific needs.
As we had previously discussed during Destini’s IEP meeting; Destini falls under a specific special education category under law with a learning disorder in the area of reading which includes basic reading skills and comprehension. We are very pleased that we were able to qualify Destini for Special education services for a learning disability giving us the ability to offer her more support in the classroom. Under the Individualized with Disabilities Education Act “IDEA” previously children had to qualify under much more strict pretenses such as oral expression, listening comprehension, written expression to name a few, and had to fail for a long portion of time before its effects on academic achievement (Great Schools Staff, 2012 January 14).
The evaluation done to qualify Destini for services required a specific set of tools and strategies which include determining where the underachievement lies, the response to intervention, the determination of appropriate instruction we will use in the classroom, and the possible influence of other factors (Great Schools Staff, 2012 January 14). As you are aware by law this was a decision that we made together to create her IEP in accordance with FAPE and IDEA.
IDEA under law requires that our school provide Destini a Free Appropriate Public Education and related services at no cost to you as a parent (FAPE) (Baumel, 2011). We are aware you are concerned about Destini’s current grade of a “C”. Under FAPE the school is required to provide an “appropriate education” in the least restrictive environment meaning in a general education classroom with her peers. It does guarantee equal opportunity for Destini but does not guarantee a specific level of achievement (Baumel, 2011). The term “appropriate” when discussing the education of a child on an IEP refers to what is appropriate for Destini as an individual and the progress she makes based on her individualized goals according to her disability (Baumel, 2011). There are many different reasons why Destini’s grades may have gone down and we will continue to look at other possibilities that may not have to do with FAPE such as not turning work in on time or being to class on time.
Attached below is a link for a hand out that you can pull up on your computer, tablet, or phone which simply explains what is required to be provided for your child with FAPE.
https://assets.ctfassets.net/p0qf7j048i0q/3SxlMzMGCZDKd7RvcGwi91/21678677a199e994f53be0cbf84ed54a/Free_and_Appropriate_Public_Education__FAPE__Understood
Despite Destini’s current grade, we feel she is making individualized progress as we are required to document her responsiveness to intervention and monitor her individual progress. Please let us know if you require more understanding of the schools requirements under FAPE and we can schedule a time to sit down together and go over Destini’s individual progress notes.
Sincerely always,
Lee Bently
Special Educator

Required Resources

Text

Osborne, A. G., & Russo, C. J. (2003). 

Special education and the law: A guide for practitioners

 (3rd ed.). Thousand Oaks, CA: Corwin Press.

· Chapter 2: Rights to a Free Appropriate Public Education

Websites

Baumel, J. (2011). 

Special education FAQ (Links to an external site.)

. Retrieved from http://www.greatschools.org/special-education/legal-rights/521-special-education-faq.gs

· This webpage explains Free Appropriate Public Education, Least Restrictive Environment and other aspects of the Individuals With Disabilities in Education Act. This is a required resource supporting the Week Two discussion, “Free Appropriate Public Education.”
Accessibility Statement does not exist.

Privacy Policy (Links to an external site.)

Great Schools. (n.d.). 

IDEA 2004 Close Up: Evaluation and eligibility for specific learning disabilities – Learning disabilities & ADHD (Links to an external site.)

. Retrieved from http://www.greatschools.org/special-education/LD-ADHD/943-evaluation-and-eligibility-for-specific-learning-disabilities.gs?page=all

· The website provides essential information on specific learning disabilities including characteristics and eligibility criteria
Accessibility Statement does not exist.
Privacy Policy (Links to an external site.)

IDEA. (n.d.). 

IDEA – Building the legacy of IDEA 2004 (Links to an external site.)

. (n.d.). Retrieved from http://idea.ed.gov/explore/view/p/%2Croot%2Cstatute%2CI%2CB%2C612%2Ca%2C1%2C

· The specific language of IDEA is provided on this website.
Accessibility Statement does not exist.
Privacy Policy does not exist.

Wrightslaw. (2015). 

Board of Education of the Hendrick Hudson Central School District v Amy Rowley (Links to an external site.)

. Retrieved from http://www.wrightslaw.com/law/caselaw/ussupct.rowley.htm

· The case/law “Hendrick Hudson Central School District v Amy Rowley” is published by Wrightslaw. This is a required resource supporting the Week Two assignment, “Case Analysis: Board of Education of the Hendrick Hudson Central School District v. Rowley”
Accessibility Statement does not exist.
Privacy Policy (Links to an external site.)
 

Recommended Resources

Websites

Latham, P. (2015). 

At a glance: Free and appropriate public education (Links to an external site.)

. Retrieved from https://www.understood.org/en/school-learning/your-childs-rights/basics-about-childs-rights/at-a-glance-free-and-appropriate-public-education

· This website provides a brief introduction to Free Appropriate Public Education in user-friendly terms.
Accessibility Statement does not exist.
Privacy Policy (Links to an external site.)

Patino, E. (2015). 

Checklist: what is and isn’t covered under FAPE (Links to an external site.)

. Retrieved from https://www.understood.org/en/school-learning/your-childs-rights/basics-about-childs-rights/checklist-what-is-and-isnt-covered-under-fape

· This webpage offers a checklist of obligations schools are and are not required to follow under Free Appropriate Public Education mandated by the Individuals with Disabilities Education Act.
Accessibility Statement does not exist.
Privacy Policy (Links to an external site.)

Week Two Instructor Guidance

Welcome to Week Two of ESE603!  Last week you were introduced to the primary federal laws that have been created and enforced over the recent past to provide equitable public school opportunities for children with disabilities.  This week we focus on one of the six key components of the Individuals with Disabilities Education Act (IDEA), the concept of a Free Appropriate Public Education (FAPE).  Additionally, we will learn about the effects of this legal mandate that contribute to the development of compliant programs, supports, and services to students with disabilities in the public school setting. 

Important to know is that we are governed first, by the federal law IDEA, and then by the states that interpret these rules more locally. Further, each county and district develops policies and procedures based on the federal and state mandates.  For new and tenured teachers and others in the field, this can be extremely confusing at times.  You might imagine how parents feel about all of these rules as well.  General education teachers, typically do not have extensive training or knowledge on these laws and can find it quite laborious and confusing. This is one reason that in this course, we focus on these important elements. 

Free Appropriate Public Education (FAPE) 

FAPE is a right that must be made available to all eligible students with disabilities.  Specifically, this mandate ensures that it is provided in conformity with the student’s Individualized Education Program (IEP) and is provided at public expense, other words, at no cost to the parent.  The purpose of this element of the IDEA is “to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living…” 20 U.S.C. 1400(d).

Figure 1. Free Appropriate Public Education.
So, let’s break down these individual components:
 
Figure 2. FAPE. Source: https://www.understood.org/en/school-learning/your-childs-rights/basics-about-childs-rights/at-a-glance-free-and-appropriate-public-education
As you can see FAPE is one of the main principles for the proper decision-making process that must be afforded each child in the determination of proper placement considerations within the public school setting (Yell, 2012).  FAPE must also meet a student’s unique educational needs addressing the whole child including: 
· Mastery of academic subjects and basic skills
· Social, health, emotional, physical and vocational needs
· Functional and self-help needs
If, through the findings of a formal complaint or due process hearing, a school district is determined to have not provided FAPE, there are serious repercussions that can occur as a result of these violations.  The school district may be liable for the cost of obtaining a required service that was not delivered to the student.  Similarly, a school district can be ordered to provide compensatory educational services as a remedy for this type of noncompliance (Categories of Disability Under IDEA, Center for Parent Information and Resources, n.d.).
 
Destini Marlow
This week, you will see the reappearance of Mr. Franklin, the general education teacher who has worked with you in previous scenarios.  You and Mr. Franklin are again faced with a situation, this time, with a student who has a written IEP and attends your co-teaching class.  Destini Marlow’s IEP included individualized supports to assist her in her learning challenges.  Because she is not earning an “A” in your class, her parents question if she is receiving an appropriate education.
The issue of why school districts are not required to provide the “best” education compared to an “appropriate” education is a complicated matter.  Parents, of course, aim to maximize their child’s potential whereas school districts, under the IDEA are only required to provide an “appropriate” education. 
The various sections of FAPE, the “Free”, the “Public”, and the “Education” part of FAPE are typically not at issue. It is what is considered “Appropriate” is what is often debated and misunderstood.  To one person on the team “appropriate” might appear very different than that of another.  The art of collaborative decision-making is required for the process of arriving at the best decision for the student’s needs.
 
Educational Benefit
The case of Rowley v Hendrick Hudson School District will be examined during Week 2. 
The United States Supreme Court determined FAPE to be satisfied when the IEP is reasonably calculated to enable the child to receive educational benefit.  Since that time the standard for progress in the IEP has been interpreted to mean “some educational progress.” The court’s holding was decisive of our current understanding of the term educational benefit. 
Further, the Supreme Court indicated that the intent of the IDEA “was more to open the door to public education to handicapped children on appropriate terms than to guarantee any particular level of education once inside” (Latham, Latham, & Mandlawitz, 2008, p. 30). In other words, instead of requiring a standard to maximize services, FAPE is fulfilled where the education is sufficient to confer some educational benefit to a student with a disability.
As you can see, this decision provided the availability for continued interpretation and debate as to the intensity of services provided to a child with a disability.  Districts are obligated to provide appropriate education, not the “best” education.  Many courts still define “appropriate education” as “access to an education” or a “basic floor of opportunity.”

Week Two Discussion Guidance

Free Appropriate Public Education
. For your discussion this week you have the opportunity to address the questions posed by Destini Marlow’s parents.  As mentioned previously, her parents have become concerned with her grades and question whether or not their daughter is receiving FAPE in accordance with her IEP.  You will write a letter to Mr. and Mrs. Marlow explaining the legislative guidelines related to the principle of FAPE in layman’s terms.  In this letter you will also explain what the school is required to provide for Destini.  In your response, you will reflect upon the letters written and posted by your classmates asking clarifying questions to obtain more details and a deeper understanding of this concept.
Please review the discussion board rubric prior to your initial post to ensure you are fully meeting each of the set criteria to earn full credit. As per the rubric requirements your initial post should include relevant professional, personal, or other real-world experiences in a manner that is rich in thought and provides valuable insight into the topic.
Additionally, all elements of the discussion board prompt should be thoroughly addressed with strong and precise connections to previous and/or current course content, or to real-life situations. When substantively replying to your peers’ post, be sure to provide a thorough and constructive analysis relating the response to relevant course concepts that incorporates pertinent follow-up thoughts or questions about the topic, and demonstrates respect for the diverse opinions of fellow learners.
Finally, while it may difficult to do for all the responses to your posts, please make an effort to respond back to those who took the time to respond to your initial post.  It is the courteous and gracious thing to do, and has the potential to make our classroom community discussions more interesting and thought-provoking. Answering questions posed by your peers invites continued learning, meaningful application, and relevant extension of the discussion.
Week Two Assignment Guidance

Case Analysis: Board of Education of the Hendrick Hudson Central School District v. Rowley

In this assignment, you have the ability to demonstrate your understanding of how the concept of educational benefit works based on the Rowley case.  Analyzing a case such as this is an opportunity to learn about the positions of each party and how the court resolved the matter. 
There are specific guidelines for the written portion of this assignment as well as the content.  In order to maximize your score, it is essentially that you follow these instructions closely.
Also, make sure to use the Grading Rubric as a self-checklist before submitting the final copy of your assignment to confirm you have met or exceeded each required expectation. The highest level of achievement on the rubric is “distinguished”, which is only earned through exceeding posted expectations at the proficiency level.Please remember you are in a masters-level program. Therefore, your writing, research, and content are held to graduate-level expectations.
ePortfolio
Save this written assignment in your electronic portfolio (ePortfolio).  As you recall, your ePortfolio serves as a collection of evidence to support the development and mastery of competencies as you progress through this program and you will re-visit it in ESE 699, your MASE program capstone course. 

References
Individuals with Disabilities Education Improvement Act, Pub.L. No 108-446, 20 U.S.C. Section 1400 et seq. (2004)
Latham, P. H., Latham, P. S., & Mandlawitz, M. (2008). Special education law. Boston, MA: Allyn & Bacon.
Yell, M. L. (2012). The law and special education. Upper Saddle River, NJ: Pearson