Fape - FAPE As Originally Outlined in PL 94-142

FAPE As Originally Outlined in PL 94-142

In 1975 Congress passed Public Law Public Law 94-142, also known as the Education for All Handicapped Children Act, which defined and outlined that all public schools should provide all students with a free appropriate public education at public expense, without additional charges to parents or students, and must be under public supervision, as well as appropriate for the child’s needs.

PL 94-142 also included the following points:

• Special education and the specific services tailored to meet the unique needs of students with disabilities.

• The rights of the students and their parents are to be protected by the law, under the Equal Protection Clause of the 14th amendment.

• Schools are required to find students with disabilities within their settings and refer those students for service eligibility.

• Students with disabilities are required to have an individualized education plan.

• Students with disabilities should receive instruction in a least restrictive environment along with nondisabled peers.

• Student must be assessed before being labeled with a disability.

• If a student is identified as having a disability appropriate services for their disability must be provided by the state.

• Students are entitled to a due process rights of notice and consent.

• Students with disabilities are entitled to a free and appropriate public education.

• Congress would fund up to 40% of excess costs of educating students with disabilities.