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Overview of special education laws and IEP requirements

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Council Member Joseph provides an overview of federal special education laws and requirements, focusing on the Individuals with Disabilities Education Act (IDEA) and Individualized Education Programs (IEPs).

Explains the concept of free appropriate public education (FAPE) in the least restrictive environment (LRE)
Details the purpose and components of an IEP
Mentions the due process claim system for families who believe FAPE hasn't been provided

Rita Joseph

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The Federal Individual Disabilities Education Act mandates the provision of a free, appropriate public education in the least restrictive environment for every student with a disability.

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The least restrictive environment means that to the maximum extent appropriate, students with disabilities must be educated with students without disabilities.

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It is also requires that students' special education related services be free of charge, designed to meet state standards and delivered in con in conformity with the student's IEP.

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An IEP, which is a written document developed by an IEP team, utilizes existing evaluation information in order to meet a student's unique educational needs.

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IEP goals must be aligned with grade level content standards for all students with disabilities and include information regarding consistent reporting on students progress as well as transition to adult life.

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Families who believe that the New York City Department of Education has failed to provide their child with a free and appropriate public education can file a due process claim.

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These claims may lead to several outcomes, including nonmonetary settlements, such as corrective actions like program placement or servant service provision or monetary settlements, including reimbursement for non public school tuition or services per state education law.

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These claims are often referred to as Carter cases.

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The committee has held a hearing on this topic in 2022.

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Current state of special education services in New York City