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While everyone wishes to provide appropriate services to students with special needs, concerns focus on what are appropriate services. How appropriate services are viewed varies by the individual or group who is looking at the situation. Lenz & Associates provides services to assist schools, parents and students to develop an appropriate IEP based upon current state goals, guidelines, rules, regulations, and statutes. Our newsletter section will bring information to help all concerned develop an understanding of factors which affect the development of an educational program for students with special needs.
Generally speaking a school district is required to provide an appropriate and free education to students. The school district is not required under current case law to maximize a student's potential nor is the district required to remediate every diagnosed disability or learning weakness. This concept was upheld against the Ninth Circuit Court in Norton v. Ordina Union School District 168 F.3rd 500.
However, the IEP must provide a meaningful education benefit as indicated in Ridgewood Bd. of Educ. v. N.E. No 98-6276, 1999. This was the opinion of the Third Circuit of the U.S. Court of Appeal.
When working on an IEP, parents and school staff professionals must develop a plan which meets the needs of the student. All involved must accept that, although the plan is individual, an IEP may not be able to address every need of the student. The plan is a cooperative effort. Schools must consider the parent's perspective and parents must view the school's perspective.
For the most part, current rules and regulations along with the thinking of the courts, is that schools do not have to provide a specific textbook or a unique method of instruction. Curriculum and instruction must meet state goals and relate to the curriculum that is provided to regular education students.
Students who graduate from high school with a regular diploma bring to a close their services under IDEA. However, if the diploma is not a regular diploma or if they are younger than age 21, they are entitled to a free appropriate public education.
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