Lilibeth Mariche

Sped 303
March 12, 2015
FAPE and Cost
Legal extent of FAPE
States receiving money under the Act must provide education to the
handicapped
by priority, first "to handicapped children who are not receiving
an education"
and second "to handicapped children . . . with the most severe
handicaps who are receiving an inadequate education,"
and "to the maximum extent appropriate" must educate
handicapped children "with children who are not handicapped."
The Act broadly defines "handicapped children" to include
"mentally retarded, hard of hearing, deaf, speech impaired,
visually handicapped, seriously emotionally disturbed,
orthopedically impaired, and other health impaired children, and
children with specific learning disabilities."
History of the case
Amy Rowley, a deaf student at the Furnace Woods School in the
Hendrick Hudson Central School District. Rowley has minimal residue
hearing and is excellent at lip reading. She was placed in a regular
kindergarten class, a decision made by her parents and school
administrators. Teachers were prepared for Amys arrival; as well as
helpful tools were installed in the school. It was decided after the trial
period that amy remains in the kindergarten class with the help of
another helpful tool to use during class activities.
An IEP was prepared for Amy during her first-grade year. With the IEP it
was suggested that amy stay in her classroom and that another helpful
tool be added, a tutor for the deaf or an hour each day and help from a
speech therapist for three hours each week. Her parents agreed and
asked that she be provided a sign language interpreter in all of her
academic classes. Later it was found that she did not need the service
of the interpreter.
The District Court found that Amy "is a remarkably well-adjusted child"
who interacts and communicates well with her classmates and has
"developed an extraordinary rapport" with her teachers
Court decisions
The Act itself does not define `appropriate education,'
This case offers judges no guidance in their consideration of
controversies involving `the identification, evaluation, or
educational placement of the child or the provision of a free
appropriate public education.
Congress expressly "recognized that in many instances the
process of providing special education and related services to

handicapped children is not guaranteed to produce any particular

outcome.
If sufficient funds are not available to finance all of the services
and programs that are needed and desirable in the system then
the available funds must be expended equitably in such a
manner that no child is entirely excluded from a publicly
supported education consistent with his needs and ability to
benefit therefrom
Declined to reach respondents' contention that petitioners had
failed to comply with the Act's procedural requirements in
developing Amy's IEP
Take-aways
Some classrooms may not be suitable for handicapped children
to be placed in a nonhandicapped classroom
Parents must be informed about their students records
Parents have the right to be advised by counsel and trained
specialists