Advocating for a Student’s FAPE: A Starting Point for IECs

Advocating for a Student’s FAPE: A Starting Point for IECs

By Gabriela Deambrosio, MA, IECA Associate (FL)

The dissolution of the US Department of Education in the federal government sparked fear of the unknown for educators and parents of students with learning disabilities. What is not clear is how this will impact students in school districts. To explore this question, I spoke with Magda Labonté-Blaise and Peter Herold, special education attorneys based in New York. Our conversations focused on the potential ramifications and immediate realities for students and advocates.

For Now, It’s Business as Usual—with a Bit More Vigilance

The prevailing sentiment that emerged? For now, it’s business as usual with a bit more vigilance.

Labonté-Blaise expanded and stated that “parents need to remain even more vigilant with school districts to ensure that services are being implemented. Collaborate with the schools, maintain open communication in order to be kept up to date with whether services are being provided as a result of the layoffs and changes to the personnel.”

The Individuals with Disabilities Education Act (IDEA) is the federal statute that guarantees a Free and Appropriate Public Education (FAPE) for children with disabilities ages three through 21 in the least restrictive environment.

Each state implements the IDEA differently. To better understand how your local governing body interprets and implements the law, familiarize yourself with the Education Code (EdCode) in your state.

As a former school leader in California, I would often verify whether school policies and practices complied with legal requirements. Special education law sits at the intersection of federal statute (IDEA), state regulations, and case law.

While the political landscape continues to evolve, this legal obligation remains unchanged: school districts must provide FAPE.

Unless a state legislature amends its education laws or courts reinterpret existing statutes, the daily experiences of students and families remain governed by current regulations and case precedent.

The key takeaway: local and state leadership drive educational change, and some states are far more proactive and supportive than others.

Understanding State-Level Implementation

As an example, let’s look at the state of New York.

New York is recognized as a progressive state; the New York State regulations determine how the state implements the IDEA. Currently, no regulatory changes have altered how the state fulfills its obligations under the Act.

State departments would need an overhaul for anything specific to change, and unless our local and state senators and congresspeople incorporate federal statutes and regulations into localized governments, we must continue to function under the regulations and past case law that exists at this moment in time.

Lawyers, hearing officers, and judges utilize past cases, federal law, and state regulations to determine eligibility of services in unique cases.

For example, this materializes when arguing for specialized day or residential schools for students with unique learning needs, or in any case in which a student’s needs are not being met in their zoned public school.

Plan A: Give the District the Opportunity to Provide FAPE

Peter Herold stated that plan A must be that the district must be given the opportunity to provide FAPE.

He encourages parents to ask the school district what they think the student needs and to cooperate with their recommendations.

To guide the student’s needs, the family should provide a neuropsychological evaluation. If they cannot afford one, the district must provide one for them.

Herold further recommends that “once the evaluation is in place, that is the roadmap for next steps, and parents must first request services from the school district that directly reflect the evaluation’s recommendations.”

He asserts that the district does not owe the student “perfect”; it owes the student “appropriate.”

The student’s disability as stated on their Individualized Education Plan (IEP) determines the learning environment they need to access their FAPE. If a student can make progress in the setting the school is describing, then the student is not entitled to a unilateral placement.

Preparing for an IEP Meeting

While there is confusion in the media, recent case laws have not changed.

When preparing for a student’s IEP, oftentimes, parents are going in with little background information. The schools know that, and without proper advocacy in place, parents will leave the meeting confused and without the solution they need.

What is important to remember is that affordability is never a consideration when seeking funding or reimbursement, but it is different for each case.

In the state of New York, Labonté-Blaise states:

“For Burlington/Carter cases, affordability was not considered because parents paid up front. However, for Connors cases, affordability was relevant to whether the district would agree to fund the schools directly. Recent case law has decided that a demonstration of affordability is not necessary for these prospective funding cases.”

Unfortunately, the student is usually at the point where they have ultimately failed or have made little to no progress and then begins to regress before action is taken by the district.

Criteria for Specialized Educational Day and Residential Placements

The following criteria are detailed to aid independent educational consultants (IECs) and advocates in supporting their clients in the process of seeking specialized educational day and residential placements:

  • Academic performance must be impacted.
  • The student must show failure or inability to make meaningful progress.
  • Behavioral issues must rise to a level requiring removal from the home.
  • A neuropsychological report and psychiatric evaluation are critical; does the student engage in risk-taking or self-harm?
  • Does the disability prevent the student from accessing their education?
  • Emotional disturbance is often central in residential cases; without it, funding is unlikely.
  • Advocates help decode confusing statements from IEP personnel.
  • Denial of FAPE is illegal and grounds for legal action.
  • The district must make recommendations based on appropriateness, not affordability.
  • Once a residential placement is recommended in an IEP, the district has 30 days to locate an appropriate school.
  • Parents should gather information and advocacy support before the IEP meeting.
  • Seek legal consultations; many special education attorneys offer a free initial legal consultation.
  • Document everything: incident reports, emails, phone calls, and administrator notes.
  • Work with advocates who have established relationships with district staff.
  • Research the academic and therapeutic programming of potential schools.
  • Obtain a neuropsychological evaluation and psychiatrist’s letter supporting the need for a structured therapeutic setting.

The Importance of Advocacy

Having sat on both sides of the IEP table, I know that most school district representatives are not trying to deny students access to the education they need.

Yet as advocates, we often hear a thousand no’s before a single yes.

Families experience heartbreak and exhaustion; district staff face overwhelming caseloads and limited resources. Both sides operate under intense pressure, but the ones who suffer most are the students.

And that is why this advocacy matters.

Building Stronger Partnerships Between IECs and Attorneys

For IECs seeking to strengthen their advocacy, build relationships with successful special education lawyers in your state.

Interview them about local legal processes and how case law is applied.

Collaborate closely: your expertise in identifying appropriate school and program placements complements their legal strategy.

Together, IECs and attorneys can form a powerful partnership that ensures every student receives the Free and Appropriate Public Education they are guaranteed under the law.

Work Cited

Gabriela Deambrosio
EduSphere Consultants
GDeambrosioLLC@gmail.com