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The free and appropriate public education proffered in an IEP need not be the best one that money can buy, [44] nor one that maximizes the child's educational potential. [43] Rather, it need only be an education that specifically meets a child's unique needs, supported by services that permit the child to benefit from the instruction. [43]
For parents who disagree with the school's decisions, IDEA outlines the following dispute resolution guidelines: [21] "Stay Put" rights (If parents disagree with the school's decision, the student can stay put while the parents and school go through dispute resolution.) Mediation (This is an alternative to due-process hearings.)
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 information must be understandable and in the native language of the parent. A copy of the Procedural Safeguards Notice is required to be present at an IEP meeting. The school must give the parent a copy of the child's IEP at no cost. [24] An extensive system of conflict resolution procedures are set out in the statutory provisions. [25]
It grants parents access to their child's records, allows amendments, and controls disclosure. After a student turns 18, their consent is generally required for disclosure. The law applies to institutions receiving U.S. Department of Education funds and provides privacy rights to students 18 years or older, or those in post-secondary institutions.
Parents may disagree with the program recommendation of the school district. In that event, parents may reject the district's recommendations by notifying the school district clearly and concisely of the reasons for the rejection of the IEP recommendation. This notice must be given in writing within 30 days of receipt of the program recommendation.