tag:blogger.com,1999:blog-1691205078500083881.post5456445029769579653..comments2024-03-09T21:28:30.555-05:00Comments on Special Education Law Blog: Special Education Law 101: Part II #fapeJim Gerlhttp://www.blogger.com/profile/12482331907215552507noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-1691205078500083881.post-56589656184789438562015-04-16T14:05:10.961-04:002015-04-16T14:05:10.961-04:00How does this decision impact the use of FAPE with...How does this decision impact the use of FAPE with the updated Common Core teaching and testing? No education should be strictly direct instruction, what accommodations would be needed for a student who needs more communication assistance then just direct instruction from the teacher?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1691205078500083881.post-14518471776152095102015-04-08T10:54:20.848-04:002015-04-08T10:54:20.848-04:00Alex,
Thanks for your thoughts.
You are right, R...Alex,<br /><br />Thanks for your thoughts.<br /><br />You are right, Rowley is still the standard. I have argued here for a middle ground between potential maximization and some benefit, but nobody has accepted my challenge to define it!<br /><br />JGJim Gerlhttps://www.blogger.com/profile/12482331907215552507noreply@blogger.comtag:blogger.com,1999:blog-1691205078500083881.post-21532348624211346042015-04-08T00:18:15.620-04:002015-04-08T00:18:15.620-04:00Although we still use the landmark Rowley decision...Although we still use the landmark Rowley decision from 1982 for the educational benefit/FAPE test to this day, and it was a case about the communication needs of a deaf student that led to a major Supreme Court decision, I thought it be interesting to note the Congress’s 1997 amendments to the IDEA law now not only requires more specificity and measurable goals in terms of progress in the GE curriculum, but also requires that the IEP team to: <br /><br />“Consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode” http://idea.ed.gov/explore/view/p/,root,regs,300,D,300%252E324 <br />(http://idea.ed.gov/explore/view/p/,root,regs,300,D,300%252E324) , <br /><br />The Congress’s amendments did not expressly overrule the Rowley decision, it is because of these amendments that the deaf and hard of hearing students were able to convince courts that they needed placements in schools or programs that used a particular mode of communication such as sign language (e.g., ASL) to receive minimal educational benefits. <br /><br />It left the IEP team with no choice but to comply with the procedures, one of which is to consider the deaf student’s communication needs for educational benefit/FAPE. After these needs are identified, the IEP team then determines the best way to address each of these needs. <br />Alex Znoreply@blogger.com