The current status of the law concerning an appropriate education for students with disabilities

by Doe, Tracie Dye

The purpose of this study was to analyze the current status of the judicial interpretations of an appropriate education for students with disabilities and to communicate the implications of this interpretation to school administrators responsible for providing an appropriate education for students with disabilities. This study reviewed relevant Constitutional law, statutory law, regulatory law, and case law to provide a composite perspective on the current status of the law concerning an appropriate education for students with disabilities. This study found that all eligible children with disabilities are entitled to a free and appropriate education with necessary related services, and that no child with a disability may be denied an appropriate education based on the severity of the disability. This study also found that an Individualized Education Program must guide the provision of instruction and services for a student with a disability. The provision of services and development of the IEP must be done within the procedural protections and with the opportunity of parental involvement. A student with a disability must receive educational benefit in order for the education to be appropriate. This study concluded that all students with disabilities must be provided with an appropriate education in accordance with the IEP and parents must be given the opportunity to participate in the development of the IEP. Related services must be provided if necessary for the child to attend school and receive an appropriate education. The IEP must be followed specifically and data collected to determine the progress of the student with a disability towards the specific goals and objectives of the IEP. Procedural protections must be adhered to in every step of the process of providing special education services to a student with a disability.