OVERVIEW:  Free Appropriate Public Education (FAPE)

The concept of FAPE in the Newberg School District shall mean regular and special education and related services which:

1. Are without charge to the parent--FREE;
2. Are provided in conformity with an appropriately developed Individualized Education Program (IEP)--APPROPRIATE;
3. Are provided at public expense, under public supervision and direction--PUBLIC; and
4. Include elementary, secondary, and post secondary schools that meet the education standards, regulations, and administrative policies and procedures issued by the State Education Agency--EDUCATION.

A district must provide the following student FAPE:

1. Those who are found eligible under the 13 recognized eligibility categories;
2. Those who are ages five through twenty-one (a student in need of special education services who is age 21 on the first day of the school year shall be entitled to FAPE for the entire year even if the child’s twenty-second birthday occurs during the school year); and
3. Those who reside within Newberg School District’s jurisdiction regardless of the residence of the child’s parents.

2.2 Disability

Two federal laws protect student with disabilities: PL 94-142, as amended, Individuals with Disabilities Education Act (IDEA 2004), and Section 504 of the Vocational Rehabilitation Act of 1973. Both of these laws are binding on school districts.

For the purpose of this Handbook, only IDEA 2004 requirements will be addressed. Students with disabilities are those who meet the following three criteria:

1. The child has a physical or mental disability as defined in Part III, Section 8; and
2. The presence of such physical or mental disability has adversely affected the educational performance of the child; and
3. Because of such physical or mental disability, the child is in need of special education and related services.

2.3 Special Education

Special Education provides for specially designed instruction, related services as well as supplementary aids and services. An Individualized Education Program (IEP) is developed for students who qualify for special education services.