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ERIC Number: EJ1016840
Record Type: Journal
Publication Date: 2013
Pages: 12
Abstractor: As Provided
ISSN: ISSN-0014-4029
Is It Time for Elevating the Standard for FAPE under IDEA?
Zirkel, Perry A.
Exceptional Children, v79 n4 p497-508 Sum 2013
This article examines a critical question for the special education community: What should be the current meaning of "free appropriate public education" (FAPE) in light of not only the Supreme Court's landmark "Rowley" decision in 1982 but also developments in the 30 years since then? After synthesizing what the "Rowley" Court, the scholar-commentators, and the post-"Rowley" lower courts have said, the author examines the latest answer from Congress via the 2004 Individuals With Disabilities Education Act amendments. Particular attention is paid to the provision concerning peer-reviewed research and the recent case law interpreting this provision. The author suggests that the time is ripe for the special education community to help Congress fashion an appropriately heightened substantive or at least procedural standard for FAPE.
Council for Exceptional Children. 1110 North Glebe Road Suite 300, Arlington, VA 22201. Tel: 888-232-7733; Fax: 703-264-9494; e-mail:; Web site:
Publication Type: Journal Articles; Reports - Evaluative
Education Level: Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Board of Education v Rowley; Individuals with Disabilities Education Act; Individuals with Disabilities Education Improvement Act 2004; No Child Left Behind Act 2001; Rehabilitation Act 1973 (Section 504)
Grant or Contract Numbers: N/A