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.
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