Special Education Law 101 - Part VI #IEP
Our series providing an introduction to special education law continues. Previous posts have introduced the two basic concepts underlying IDEA, free and appropriate education and least restrictive environment. Last week we discussed eligibility and identification. Today we will look at selected IEP issues. The Individualized Educational Plan (hereafter sometimes referred to as “IEP”) is at the heart of the Individuals with Disabilities Education Act, 20 U.S.C. Section 1400, et seq (hereafter sometimes referred to as the “IDEA”.) In the seminal decision of in Board of Educ., Hendrick Hudson Central Sch. Dist. v. Rowley , 455 U.S. 175, 102 S.Ct. 3034, 3038, 553 IDELR 656 (1982), the U. S. Supreme Court noted that the function of the IEP is to tailor the free and appropriate education required by the IDEA to the unique needs of the student with a disability. Similar language is used by the high court in the recent Endrew F decision. In a subsequent decision, the Su...