Free Appropriate Public Education (FAPE)

1) Legal Definitions of FAPE

IDEA definition

IDEA defines FAPE as special education and related services that are provided at public expense, meet State standards, include appropriate schooling, and are delivered in conformity with an IEP meeting §§300.320–300.324. :contentReference[oaicite:1]{index=1}

Availability: States must make FAPE available to all eligible children ages 3–21, including students who are suspended or expelled (as limited by discipline rules). :contentReference[oaicite:2]{index=2}

Section 504 definition

Under Section 504, FAPE means regular or special education and related aids and services designed to meet the individual educational needs of students with disabilities as adequately as the needs of nondisabled students, provided without cost (other than fees imposed on all students). :contentReference[oaicite:3]{index=3}

2) Governing Standards from the Supreme Court

Rowley (1982): Baseline

In Board of Education v. Rowley, the Court held that FAPE requires instruction and services “reasonably calculated to enable the child to receive educational benefits,” rejecting a “maximize potential” mandate and emphasizing deference to educational expertise when procedures are followed. :contentReference[oaicite:4]{index=4}

Endrew F. (2017): Clarification & Elevation

The Court unanimously rejected a “merely more than de minimis” benefit standard and held that an IEP must be “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” Programs must be “appropriately ambitious.” :contentReference[oaicite:5]{index=5}

3) How FAPE Is Implemented: IEP + LRE

IEP content & special factors

The IEP must include present levels (PLAAFP), measurable annual goals, special education and related services, supplementary aids/services, program modifications, participation in assessments, start date/frequency/location/duration of services, progress reporting, and transition planning. Teams must also consider “special factors” (e.g., behavior, language needs, AT; specific communication factors for D/HH). :contentReference[oaicite:6]{index=6}

Least Restrictive Environment (LRE)

Students are educated with nondisabled peers to the maximum extent appropriate; removal occurs only when education in regular classes with appropriate aids/services cannot be achieved satisfactorily. Districts must have a continuum of placements. :contentReference[oaicite:7]{index=7}

4) Identification, Evaluation, and Eligibility

Districts have an affirmative **Child Find** duty to locate, identify, and evaluate children suspected of disabilities. Evaluations must use multiple measures, be administered by trained personnel, and be sufficiently comprehensive to identify all special education and related service needs. Reevaluations occur at least every three years unless agreed otherwise. :contentReference[oaicite:8]{index=8}

For Specific Learning Disability, States must permit a process based on the child’s response to scientific, research-based interventions (RTI) and may adopt additional research-based procedures in their criteria. :contentReference[oaicite:9]{index=9}

5) Procedural Safeguards & Prior Written Notice

IDEA guarantees robust parent rights (participation, records, IEE, mediation, state complaint, due process). A district must issue **Prior Written Notice (PWN)** a reasonable time before proposing or refusing to initiate or change identification, evaluation, placement, or FAPE; PWN must describe the action, explain why, summarize the data relied upon, list other options considered and reasons rejected, and include safeguards and sources for help. :contentReference[oaicite:10]{index=10}

6) Discipline and Continued Access to FAPE

FAPE must remain available to eligible students ages 3–21, including those who are suspended or expelled, consistent with IDEA’s discipline provisions (e.g., services during removals beyond 10 school days). :contentReference[oaicite:11]{index=11}

7) Remedies When FAPE Is Denied

Courts may award reimbursement when parents unilaterally place a child in an appropriate private program after the district fails to offer FAPE, per Burlington (1985) and Carter (1993). The private program need not satisfy all state standards to be “appropriate,” but parents proceed at their own financial risk pending adjudication. :contentReference[oaicite:12]{index=12}

After Endrew F., districts should be prepared to offer a cogent, data-based explanation showing the IEP is reasonably calculated for appropriate progress in light of the child’s circumstances. :contentReference[oaicite:13]{index=13}

8) Practical Steps for Parents

• Request evaluation in writing if you suspect a disability; cite Child Find and ask for timelines and consent forms.
• Bring data (outside reports, progress charts) and ask the team to align PLAAFP, goals, services, and placement with that data and with the Endrew F. standard.
• Ask for specifics: service frequency, location, provider, how progress will be measured/reported, and how access will be ensured in the LRE.
• Insist on a complete PWN after any proposal/refusal so the record reflects reasons, data, and options considered. :contentReference[oaicite:14]{index=14}
• Know your remedies: mediation, state complaint, due process; in appropriate cases consider IEE and (where warranted) private placement remedies. :contentReference[oaicite:15]{index=15}