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What is FAPE?
July 15, 2024
Why are you always talking about FAPE?
Because its that important.
Well, what is it, then? So, the acronym FAPE (or, free and appropriate public education) is a requirement of the Individuals with Disabilities in Education Act (the IDEA). This is a federal law mandating that schools and districts receiving federal funding provide special education and related services for children who qualify.
The IDEA is, in a sense, a civil rights law, ensuring that children who would otherwise be left behind are provided an education. FAPE is the floor, the minimum of what a school must provide to a qualifying child in order to stay within the law. But, unlike some civil rights issues, what qualifies as FAPE for each individual child is not always so obvious.
A program of education meets the FAPE requirement when it provides special education and related services which allow a child to make meaningful educational progress. This, of course, looks different for each child. This progress must be more than “de minimus.” The meaningful educational progress requirement may seem obvious, but, in fact, school districts have gone all the way to the Supreme Court to fight it.
The essence of the IDEA boils down to the needs of the individual student and whether they are being met. This is where the “individual” concept comes from in Individualized Education Plan (or, IEP), the vehicle through which FAPE is delivered. An IEP is put together after an evaluation is conducted to determine a child’s eligibility and to identify the child’s needs. This evaluation must address each area of suspected disability. The IEP team then meets and puts the plan together, and the school must implement it with fidelity. If any of these elements are missing, then the program is in danger of failing to address a particular child’s needs.
At the end of the day, FAPE defines a program that meets a child’s educational needs. While the law does not require it to be five-star service, it does have to be individualized and address each area of a child’s needs. Where schools fail to provide the floor level service of FAPE, procedural safeguards provide remedies that parents can pursue to help their child.
Why are you always talking about FAPE?
