What is meant by the acts requirement of a \free appropriate public education?\ And what is the role of state and Federal courts in exercising the review granted by Section 1415 of the act?
According to the definitions contained in the act, a ”free appropriate public education” consists of educational instruction specially designed to meet the unique needs of the handicapped child, supported by such services as are necessary to permit the child ”to benefit” from the instruction. If personalized instruction is being provided with sufficient supportive services to permit the child to benefit from the instruction and the other items on the definitional checklist are satisfied, the child is receiving a ”free appropriate public education” as defined by the act. Noticeably absent from the language of the statute is any substantive standard prescribing the level of education to be accorded handicapped children. Certainly the language of the statute contains no requirement like the one imposed by the lower courts – that states maximize the potential of handicapped children ”commensurate with the opportunity provided to other children.” Implicit in the Congressional purpos
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