Special Education Law Blog: Weekly Question!

Monday, May 9, 2016

Weekly Question!

Can a child be too bad for FAPE? See our ongoing series of posts on this blog. #IncarceratedStudents

2 comments:

AnonymousJune 6, 2016 at 8:49 PM
One of the components of IDEA is to provide early intervention services to those with a disability. So if we're asking the question, can a child be "too bad for FAPE? The next question to ask is did we provide interventions necessary to rehabilitate or reduce those bad behaviors? I think another part of this topic revolves around the subjectivity in the term "too bad", as most people's morality is based upon a variety of factors. How many offenses does it take for a child to be bad? Does having 10 non-violent offenses count as too bad? Or does one major violent crime constitute "too bad"? It is easy to see that arguments can be made for either or and I believe people will have a hard time choosing. Ultimately, I would not be able to agree that a child is "too bad" for FAPE considering that they are still growing and learning from their mistakes and life choices. I don't think anyone of us would like to be punished for the rest of our lives based on decisions made when we were 13 or 15 years old.
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