Common Special education questions

FAPE stands for "free appropriate public education."  Special education is defined within FAPE, as a special instruction that must meet the unique needs of a child with a disability. The provisions of the Individuals with Disabilities Education Act (IDEA) will help guide what “meet the unique needs” means. A student's IEP determines the appropriate program for each individual student. FAPE guarantees an adequate educational program to all children who are eligible. Wis. Stat. § 115.76 (3)

Attorneys working with Meinen Law can review your child's program with you to help determine if the program offered to your child constitutes FAPE under appropriate law. 

IEP stands for Individualized Education Program, which is a written document that is developed for students who have eligible educational disabilities. A parent or guardian may begin this process by referring the student for services through their local school district, who will evaluate the student, or a District may make a referral and seek consent from the Parent to start the IEP process. An IEP is developed to identify the students needs, create learning goals based on the student’s needs by creating a timeline, and describe the specific services the student will receive to accomplish those learning goals. Under the Wisconsin Statute 115.78, the local educational agency shall conduct a meeting to develop an individualized education program under Wisconsin Statute 115.787 and determine a placement under Wisconsin statute 115.79 within 30 days of a determination that a child is a child with a disability. Wis. Stat. § 115.76 (9). 

Any child with an intellectual disability, orthopedic impairment, blind and visually impaired, deaf and hard hearing, speech or language impairment, traumatic brain injury, other health impairment, autism, and/ or a specific learning disability can qualify for an IEP. Teachers and parents have the ability to recommend a child to be evaluated for an IEP. Wis. Stat. § 115.77. To qualify for a an IEP a child must have a qualifying disability under the IDEA and require specially designed instruction. 

Meinen Law attorneys and advocates often help Parents when they disagree with the District regarding whether their child qualifies for an IEP. 

ESY stands for extended school year. School districts are required to provide special education and related services provided beyond the limits of the school term when the Student's needs require these ESY services.  ESY services are provided in the summer. 

Many school Districts fail to provide ESY services, and Meinen Law often helps students receive ESY services.

IEE is an Independent educational evaluation that is conducted by a qualified third party examiner, not an employee of the school district. An IEE can be initiated by the parent/guardian, and they have the right to choose the examiner, but the parent/guardian must notify the LEA that they are requesting an IEE and disagree with the District's evaluation of their child. The District must either approve the IEE request, or file for Due Process to defend their evaluation. Parents/guardian should contact their child's local educational agency to learn about the agency's IEE criteria before obtaining an IEE.

Meinen Law often helps Parents obtain IEEs that are funded by their school districts. 

LRE is a Least restrictive environment, which means that students who have special educational needs should be kept in the same classroom with their peers as much as possible. This ensures that special education students are included in the general education classroom as often as possible.

Meinen Law often helps Parents when they believe their child is not being educated in the appropriate LRE.