Ignoring free, appropriate, public education, a costly mistake: the case of F.M. & L.G. versus Barbour County.

Abstract

In 2000, the 11th Circuit Court provided the largest single award in special education history to date, approximately $2.5 million, to two teenaged students who were deaf. The students were judged to have been denied a free, appropriate public education (FAPE), having spent their academic careers in generic special education classes for students with multiple disabilities without the benefit of access to a communication system; the services of a certified, qualified teacher of the deaf; or related services. This article describes the case from the perspective of FAPE, least restrictive environment, and due process in the presence of guardians who did not understand the implications of the Individual Education Program (IEP) teams' decisions; presents a chronology of the case; explores the implications for various stakeholders; and discusses the catastrophic impact on the social, emotional, communication, and academic development and earning potential of the students.