Law Office of
Donovan Anderson, P.C.

FAPE stands for Free Appropriate Public Education. Under federal law (IDEA), every child with a disability is entitled to a free appropriate public education that meets their unique needs.

"Free" means at no cost to the family.

"Appropriate" means the education must be tailored to the child's individual needs and provide meaningful educational benefit.

If your child isn't receiving FAPE, legal action may be necessary to secure appropriate services.

An IEP is a written document that outlines the special education services, accommodations, and goals for a student with a disability. It's developed by a team that includes parents, teachers, and school specialists.

An IEP should include:

• Present levels of academic achievement and functional performance
• Measurable annual goals
• Special education services and related services
• Accommodations and modifications
• How progress will be measured
• Participation in state and district-wide assessments
• Transition planning (for students 14 and older)

If you disagree with your child's IEP, you have the right to request changes and, if necessary, pursue dispute resolution.

You can request an evaluation at any time by submitting a written request to your child's school. The school has specific timelines to respond and complete the evaluation.

Steps:

1. Submit a written request: Send a letter or email to the principal and special education coordinator requesting an evaluation.
2. Consent for evaluation: If the school agrees, you'll sign consent forms.
3. Evaluation completed: The school must complete the evaluation within required timelines (typically 60 days in DC).
4. Eligibility meeting: The IEP team meets to determine if your child qualifies for services.

If the school refuses to evaluate your child, or if you disagree with the school's evaluation, contact us for legal guidance.

An Independent Educational Evaluation (IEE) is an evaluation conducted by a qualified examiner who is not employed by the school district. Parents have the right to request an IEE at public expense if they disagree with the school's evaluation.

When can you request an IEE?

• You disagree with the school's evaluation
• The school's evaluation was inadequate or incomplete
• You believe the school's evaluator was biased

The school must either agree to pay for the IEE or file for a due process hearing to defend their evaluation. Either way, you get an independent perspective on your child's needs.

A due process hearing is a formal legal proceeding where an impartial hearing officer decides disputes between parents and schools about special education.

Timeline:

• Day 1-15: Resolution period where parties attempt to settle
• Day 16-60: Hearing scheduled and conducted
• Day 61-75: Hearing officer issues written decision

What happens at the hearing:

• Both sides present evidence (documents, records, evaluations)
• Witnesses testify (parents, teachers, evaluators, experts)
• Attorneys question witnesses and make legal arguments
• The hearing officer makes a binding decision

Due process hearings are complex legal proceedings. Having an experienced attorney is essential to presenting a strong case.

Special education students have important protections when facing discipline. Generally, a student with an IEP can only be suspended for 10 school days per year without triggering additional protections.

Manifestation Determination: If a student faces suspension beyond 10 days or expulsion, the school must hold a manifestation determination review to decide whether the behavior was caused by or related to the disability.

• If YES (behavior was a manifestation): The student generally cannot be expelled and must return to the same placement (unless parents agree otherwise).
• If NO (behavior was not a manifestation): The student can face the same discipline as non-disabled students, but educational services must continue.

Important: Even during suspensions or alternative placements, the school must continue to provide educational services to implement the IEP.

Extended School Year (ESY) services are special education services provided beyond the normal school year. ESY is designed for students who would experience significant regression during summer breaks without continued services.

Who qualifies for ESY? Students whose disabilities cause them to regress significantly during breaks and who take an extended time to recoup lost skills may be eligible.

ESY is not:

• Summer school for enrichment
• Automatically available to all special education students
• Based solely on parent preference

If the school denies ESY services and you believe your child needs them, we can help you challenge the denial.

Least Restrictive Environment (LRE) is the principle that students with disabilities should be educated with non-disabled peers to the maximum extent appropriate.

The LRE preference:

1. General education classroom with supports
2. General education with resource room support
3. Special education classroom in regular school
4. Special education school
5. Residential placement (most restrictive)

Schools must provide supplementary aids and services to support students in less restrictive settings before considering more restrictive placements. However, the setting must allow the child to receive FAPE—LRE doesn't mean placing a child in general education if they can't benefit from it.

In Washington, DC (and most states), students with disabilities are entitled to special education services through age 21 or until they earn a regular high school diploma, whichever comes first.

This means a student can remain in school receiving services well beyond the typical graduation age if needed to complete their education.

Important: If school staff suggest your older student should "age out" or withdraw before age 21, this may be incorrect advice. Contact us if this happens.

Being prepared for an IEP meeting can help you effectively advocate for your child.

Bring:

• A copy of the current IEP
• Recent report cards and progress reports
• Any outside evaluations or medical records
• Work samples showing your child's progress or challenges
• A list of your concerns and goals for your child
• Questions you want to ask the team
• A notebook to take notes
• A support person (advocate, family member, or attorney)

Remember: You are an equal member of the IEP team. Your input is valuable and should be considered.