IDEA's Five Principles: FAPE, LRE, and Special Education Law

Overview of IDEA and Its Five Core Principles

Originally enacted by Congress in 1975, the Individuals with Disabilities Education Act (IDEA) was designed to "ensure that children with disabilities have the opportunity to receive a free appropriate public education, just like other children" (National Dissemination Center for Children with Disabilities, 2010). The most recent version of IDEA is comprised of four major parts: the general provisions; assistance for the education of all children with disabilities; provisions for infants and toddlers with disabilities; and national activities to improve education for children with disabilities (National Dissemination Center for Children with Disabilities, 2010). Within the act, there are five major principles that govern the education of children with disabilities: zero reject, free appropriate public education (FAPE), least restrictive environment (LRE), protection in evaluation, and procedural due process.

Foremost, the principle of zero reject "ensures that all children receive a free and appropriate public education, no matter how severe their disability" (Philadelphia Mental Retardation Services, 2005). In essence, a child cannot be excluded from a public education because the school system believes the child is too disabled to learn or exhibits inappropriate behavior resulting from the disability. This principle guarantees that no child faces rejection from the public education system on the basis of disability.

The concept of free appropriate public education (FAPE) is one of the broader principles explored in IDEA. FAPE holds "that every student with a disability has a right to an education which benefits them, meaning that they make real, not trivial, progress and do not regress," and also that "an appropriate education includes specially designed instruction (special education) and related services which the student needs to make progress" (Philadelphia Mental Retardation Services, 2005). Children with disabilities should have access to an education tailored to their needs, including specialized curricula and appropriately trained teachers. At its core, FAPE ensures that all children have equal access to education regardless of disability.

The concept of least restrictive environment (LRE) "states that children with disabilities have a right to be educated, to the maximum extent appropriate, with children without disabilities" (Philadelphia Mental Retardation Services, 2005). This principle attempts to ensure that children with disabilities are included in general educational settings wherever possible, reflecting the broader value of inclusion in public schooling.

The fourth principle, protection in evaluation, establishes the right of parents "to be notified of all evaluations and reevaluations, receive copies of all evaluations and documentation, have access to student records, and to be full members of both the team which evaluates the student and the team which develops the IEP" (Philadelphia Mental Retardation Services, 2005). Because children with disabilities may not be aware that they are being evaluated, it would be unjust for a school to act on evaluation results without parental notification. The protection in evaluation principle therefore shields the child from unfair actions taken without appropriate oversight.

Finally, procedural due process holds schools and parents mutually accountable. When "parents and schools disagree, IDEA provides for them to participate in mediation and, if that is unsuccessful, to have a due process hearing" before "a disinterested person called a due process hearing officer," with the result that "whoever loses at the due process hearing has the right to appeal their case at a higher court" (Philadelphia Mental Retardation Services, 2005). This principle is vital because it ensures that, when schools and parents cannot reach agreement, a child's rights can be formally adjudicated and protected.