FAPE stands for Free Appropriate Public Education. It is the central right that the Individuals with Disabilities Education Act (IDEA) gives every eligible child with a disability: special education and related services, provided by the public school system at no cost to the family, and designed to meet the child's unique needs. Section 504 of the Rehabilitation Act of 1973 also requires schools to provide FAPE to students with disabilities. In short, FAPE means a child with a disability has the right to an education that actually works for them – not just a seat in a classroom.
What does FAPE mean? The four parts of the term
- Free: Special education and related services are provided at public expense. Parents do not pay for evaluations, therapies, aides or transportation that are part of the child's program. Schools may charge the same general fees all students pay, such as a field trip fee.
- Appropriate: The education is designed around the individual student. It does not have to be the best possible program, but it must be reasonably calculated to help the child make meaningful progress.
- Public: The education is provided under public supervision and direction and meets the standards of the state educational agency – whether the child attends a public school or is placed in a private program by the school district.
- Education: It covers preschool, elementary and secondary education and follows the child's Individualized Education Program (IEP).
Where FAPE comes from: IDEA and Section 504
FAPE was first guaranteed by the Education for All Handicapped Children Act of 1975, the law that later became IDEA. Before then, many children with disabilities were excluded from public schools entirely. Today, FAPE is required by two federal laws:
- IDEA requires states that accept federal special education funds to provide FAPE to all eligible children with disabilities from age 3 through 21, including children who have been suspended or expelled. Under IDEA, FAPE is delivered through an IEP.
- Section 504 of the Rehabilitation Act requires every public school that receives federal money to provide FAPE to students with disabilities, even if they do not qualify for special education under IDEA. Under Section 504, FAPE usually takes the form of a 504 plan with accommodations. The Office for Civil Rights enforces it.
What does "appropriate" mean? Two Supreme Court decisions
The word "appropriate" has caused more disputes than any other part of FAPE. Two decisions of the U.S. Supreme Court define it:
- Board of Education v. Rowley (1982): FAPE does not require a school to maximize a child's potential. The school must follow IDEA's procedures and provide an IEP that gives the child educational benefit. A common comparison is that schools must provide a serviceable Chevrolet, not a Cadillac.
- Endrew F. v. Douglas County School District (2017): The Court made the standard stronger. An IEP must be "reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances." Progress that is barely more than nothing is not enough – the goals must be appropriately ambitious.
What are the requirements of FAPE?
For a school to provide FAPE under IDEA, it must:
- Find and evaluate children who may have a disability (Child Find) and complete a full evaluation.
- Develop an IEP with the parents that describes the child's present levels, measurable annual goals and the services the child will receive.
- Provide special education and related services such as specially designed instruction, speech therapy, occupational therapy, counseling, assistive technology and transportation.
- Educate the child in the least restrictive environment that is appropriate.
- Implement the IEP as written and review it at least once a year.
- Follow the procedural safeguards, including parent participation, consent and prior written notice.
FAPE vs. IEP: what is the difference?
FAPE is the right; the IEP is the tool that delivers it. The IEP is the written plan that describes how the school will provide a free appropriate public education to one specific child. If the IEP is poorly designed, or if the school does not follow it, the child may be denied FAPE.
FAPE vs. LRE: what is the difference?
FAPE describes what a child receives: an appropriate education at no cost. The least restrictive environment (LRE) describes where the child receives it: as much as possible alongside children without disabilities. The two work together. A school must provide FAPE in the LRE, and it cannot move a child to a more separate setting just because that is easier for the school.
What is considered a violation of FAPE?
A denial of FAPE can happen in many ways. Common examples include:
- Failing to evaluate a child the school should have suspected of having a disability
- Delaying an evaluation or IEP beyond the legal timelines
- Not providing the services, minutes or accommodations listed in the IEP
- Writing IEP goals that are not measurable or not appropriately ambitious
- Leaving parents out of important decisions, or changing a placement without notice
- Removing a student for discipline for more than 10 school days without following the rules for a manifestation determination review
- Refusing extended school year services a child needs to keep their skills
Parents who believe their child is being denied FAPE can request an IEP meeting, file a state complaint, ask for mediation or file for a due process hearing under IDEA's procedural safeguards. A hearing officer can order the school to provide compensatory education to make up for services the child missed.
Frequently asked questions about FAPE
Is FAPE a federal law?
FAPE is not a separate law. It is a right created by two federal laws: the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act.
Is FAPE only for students with disabilities?
Yes. All children have a right to a free public education under state law, but the FAPE requirements of IDEA and Section 504 apply specifically to students with disabilities. Gifted students are not covered unless they also have a disability.
Does FAPE apply to private schools?
If a school district places a child in a private school to meet their needs, the district must pay and FAPE applies. If parents choose a private school on their own, the child has no individual right to FAPE there, but may receive some "equitable services." Parents can ask for tuition reimbursement if the district failed to offer FAPE first.
Does FAPE apply to charter schools and preschool?
Yes. Public charter schools must provide FAPE like any other public school. Under IDEA, FAPE starts at age 3, so eligible preschoolers receive special education services as well.
Does FAPE apply to college?
No. FAPE ends when a student graduates with a regular high school diploma or ages out of IDEA, usually at 21. Colleges must provide reasonable accommodations under Section 504 and the Americans with Disabilities Act, but they do not have to provide special education.
