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Various laws began to carve out space for a student's right to FAPE in the mid-to-late twentieth century. For example, the 1958 Captioned Films Act, Public Law 85-905, [8] [9] was intended, at least in part, to enrich the educational experience of the deaf, demonstrating recognition that their educational opportunities differed somewhat from their hearing peers.
The Individuals with Disabilities Education Act (IDEA) is a piece of American legislation that ensures students with a disability are provided with a Free Appropriate Public Education (FAPE) that is tailored to their individual needs. IDEA was previously known as the Education for All Handicapped Children Act (EHA) from 1975 to
Because the law does not clearly state to what degree the least restrictive environment is, courts have had to interpret the LRE principle. In a landmark case interpreting IDEA's predecessor statute (EHA), Daniel R.R. v. State Board of Education (1989), it was determined that students with disabilities have a right to be included in both academic and extracurricular programs of general education.
The act mandated that all children with disabilities receive a "free appropriate public education." [2] To achieve this goal, the act required the student, parents and teachers together devise an Individualized Education Program (IEP), however the act did not specify that those IEPs include any particular services, standards or outcomes.
Another setting option is the separate classroom. When students spend less than 40 percent of their day in the general education class, they are said to be placed in a separate class. They are allowed to work in small, highly structured settings with a special education teacher. Students in a separate class may be working at different academic ...
Pennsylvania Association for Retarded Citizens (PARC) v. Commonwealth of Pennsylvania, 334 F. Supp. 1257 (E.D. Pa. 1971), was a case where the Commonwealth of Pennsylvania was sued by the Pennsylvania Association for Retarded Citizens (PARC), now The Arc of Pennsylvania, over a law that gave public schools the authority to deny a free education to children who had reached the age of 8, yet had ...