Let’s Talk About: FAPE

FAPE this, FAPE that, children with special education deserve FAPE… but what is FAPE??? 

FAPE stands for “Free Appropriate Public Education.” Okay. That’s great, but what does it mean??

To understand how vital FAPE is, you need to know some history. Before 1975, many students with disabilities were excluded from school entirely, and others were offered education inappropriate to their needs. P.L. 94-142 was enacted in 1975. This law required States to submit plans that assure all students with disabilities the right to a free, appropriate public education. Today, IDEA requires all States to have in effect “a policy that assures children with disabilities the right to a free appropriate public education.”

IDEA defines FAPE as special education and related services that (a) are provided at public expense, under public supervision and directions, and without charge, (b) meet State education standards, (c) include preschool, elementary school, or secondary school education in the State, (d) are provided in conformity with the individualized education program. 

Let’s look closely at some critical points.  

1. “Free” - Education must be at no cost to parents. When creating P.L. 94-142, Congress stated, “The Committee rejects the argument that the Federal Government should only mandate services to handicapped children if, in fact, funds are appropriate in sufficient amounts to cover the full cost of this education.” The U.S. Department of Education has emphasized the importance of school districts never making FAPE decisions based on the cost of services. The decision must be based on the individual needs of a student. To be completely clear, lack of funding can NEVER be used as a defense for denying services.  This brings us to another critical point… defining an “appropriate” education. 
   

   1. Cost considerations are only relevant when choosing between several options that offer an appropriate education. This is sometimes referred to as the “Cadillac versus Chevrolet” argument. For example, John Doe is a student with a disability who needs a calculator to solve simple math problems. There are three calculator options: the first is a basic calculator that performs the needed functions and costs $25.00. The second is an upgraded calculator that performs the needed functions, does higher-level math problems, and costs $75.00.  The third is the super deluxe calculator that does every math function imaginable and even does your taxes, but it costs $250.00. :) The school district can choose the first calculator, the inexpensive one for $25.00 because it does provide the needed functions and is appropriate. The school provides the Chevy, not the Caddy.
      

   2. The term “at no cost” does not include incidental fees usually charged to students without disabilities as part of the education program—for example, field trip costs, musical instruments for class, class dues, etc. 
      

   3. The U.S. Supreme Court determined the FAPE law does not require schools to “maximize the potential” of children with disabilities. They determined the standard for FAPE requires educational instruction and services to be provided such that the student “benefits.” (Read Hendrick Hudson District Board of Education versus Rowley if you want more information on how these decisions were made.) Again, this is the “Cadillac versus Chevrolet” argument… the student is entitled to a serviceable Chevy, not a luxury Cadillac. 
      

   4. FAPE does not require children with disabilities to receive the “best” educational program available; it requires that they receive an “appropriate” educational program uniquely suited to their needs.

2. The IDEA does not specify an “appropriate” education, which has led to frequent disagreements between parents and schools. However, the courts have found that to show that FAPE is being provided, the child must make some educational progress. 
   

   1. Ultimately, an “appropriate” education must have “educational benefit” and be decided individually for each student. 
      

   2. The most apparent evidence that the educational program is not providing educational benefits is that the child is not progressing or is regressing in the educational placement.
      

   3. An “appropriate” education should enable a child to progress in the general education curriculum and advance in their IEP goals. 

This was a lot of information. Here are the most essential points:

• If it is written in the IEP and NOT carried out or implemented, it violates FAPE because the student’s appropriate education is not followed. 

• The cost of services is NOT relevant regarding whether or not to provide the services. Ex: It is illegal for the school/county to deny a one-on-one paraprofessional (if that is what the student needs) because of a lack of funding or staffing. 

• The student is entitled to the Chevrolet, not the Cadillac. The school system only has to provide a running Chevy. 
  

• An “appropriate” education requires the student to make “some” educational progress in the Gen Ed curriculum and IEP goals. 

Have questions? Need help assuring your child is receiving FAPE? Contact The IEP Guru.