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Evolution of FAPE: Policy to Practice in Postsecondary Education & Employment

Explore the evolution of FAPE from federal policy to practical implementation for postsecondary education and employment preparation. Cover the shift in benefits standards, court cases, and changes in FAPE definitions. Learn about the importance of raising expectations and achieving meaningful educational benefits.

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Evolution of FAPE: Policy to Practice in Postsecondary Education & Employment

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  1. Preparation for Postsecondary Education & Employment:Policy to Practice Robert A. Stodden, Ph.D. Center on Disability Studies University of Hawaii At Manoa Showcase Session, Council for Exceptional Children Division on Autism & Developmental Disabilities April 22, 2010, Nashville, Tennessee

  2. Overview • Building a Case for Preparation for PSE & Employment • Evolution of Federal Policy • Redefining FAPE (IDEA)

  3. Changing Post-School World • Reauthorization of Higher Education Opportunity Act • Changes in Adult Supports (CMS, CPASS, MFP, MIG, DMIE) • Self-determination Movement • Raising Expectations

  4. Evolution of Lower Educational Policy (IDEA) Supporting PSE • Determination of FAPE – shifting from “some” to “meaningful” educational benefit standard • Congressional Intent (authorizations & regulations) • Federal Court Cases (Pre – Post Rowley rulings)

  5. Evolution of FAPE (Initial Authorization & Practice) • 1975 (PL 94-142) Focus of benefit was to achieve “access” to an free education. • Benefit was “based upon maximizing the child’s POTENTIAL” • IEP process & members • Type & intensity of specialized services (placement)

  6. Rowley Decision -1982 • Laid the ground work to “explore educational benefit” • Individually based upon an IEP teams decision • Explored “differences between some, meaningful, and degree of benefit • Academic & Non-academic

  7. Evolution of FAPE 1985-95 – Reauthorizations of IDEA • Focus on improvement or results • Focus on Post-school Outcomes • Focus on inclusion-mainstreaming • Focus on high expectations • Services which ensure benefit from instruction

  8. Evolution of FAPE 1995 (20 year anniversary of IDEA) 1997 reauthorization • Standard of intent changed to “equality of opportunity” • Focus changed from ensuring access to improving outcomes • Moved beyond a focus on procedural violations

  9. Changes in FAPE • Educational benefit defined: • as “meaningful & measureable progress” • As “progress toward obtainment of grade level standards” • As obtaining “quality post-school outcomes”

  10. IDEA language driving changes in FAPE • Referencing core general education curriculum content • Requiring post-school outcome goal • Requiring follow-up and collection of post-school data • Referencing preparing for employment & quality of life

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