Free Appropriate Public Education

What is a Free Appropriate Public Education (FAPE)? Children with disabilities have, under federal and state laws, the basic right to "FAPE" and since this is the basic right that all the rest of the laws and programs are designed to support, let’s find out what exactly this means.

Definition

A free appropriate public education means special education and related services that are provided at public expense, under public supervision, at no cost to the child’s parent or guardian. These services must meet the standards of the state department of education, and the applicable requirements of IDEA 2004 (Individuals with Disabilities Education Act 2004) and its implementing regulations, and must include an appropriate educational program for the child, provided in accord with the IEP(Individual Education Plan). 20 U.S.C. 1401(a)(9); 34 C.F.R.300.17. Generally, an “appropriate” education has been found by courts to be one that enables children to make meaningful educational progress.

Federal court rulings have determined that an appropriate education does not mean the best education and schools are not required to develop disabled students to their maximum potential, just make meaningful educational progress. However, there are some states that have gone beyond this provision of federal law. In Michigan, for example, the state rules define “special education” below:

Michigan law states: R 340.1701c Definitions; R to Y.

Rule 1c. As used in these rules:

 (c) "Special education" means specially designed instruction, at no cost to the parents, to meet the unique educational needs of the student with a disability and to develop the student's maximum potential. Special education includes instructional services defined in R 340.1701b (a) and related services. (Michigan Revised Administrative Rules for Special Education - Eff. Sept.11, 2008)

 
Develop the student’s maximum potential is written into the laws in the state of Michigan. Check your state laws on special education – usually found on your states department of education website. For Michigan it would be here: http://www.michigan.gov/mde and the special education legislation is called “Revised Administrative Rules for Special Education” in this state, but may be different in your state. Check it out and see how your state defines special education.

Other Laws that Apply

Federal laws that grant FAPE are the Individuals with Disabilities Education Act of 2004 (IDEA 2004), Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, and Title II of the Americans with Disabilities Act of 1990, (ADA), 42 U.S.C. § 12131.

Free

The "free" public education means educational services must be provided at public expense, under public supervision and direction, and without charge to parents except for fees that are charged for all students.

Definition of an appropriate education

Some of the criteria specified in various sections of the IDEA statute include requirements that schools provide each disabled student an education that:

• is designed to meet the unique educational needs of that one student
• addresses both academic needs and functional needs
• provides “…access to the general curriculum to meet the challenging expectations established for all children” (that is, it meets the approximate grade-level standards of the state educational agency, to the extent that this is appropriate)
• is provided in accordance with the Individualized Education Plan (IEP) as defined in 1414(d)
• is reasonably calculated to enable the child to receive educational benefits

Inclusion

Students with disabilities and students without disabilities must be taught together – meaning being taught together with and not just co-habit the same space.  The regular or general education classroom with appropriate accommodations, services and supports must be used as much as possible unless the disabled student’s needs cannot be met in that environment. Students with disabilities must participate with nondisabled students in both academic and nonacademic services, including meals, recess, and physical education, to the maximum extent appropriate to their individual needs.

Responsibility for FAPE

The school is responsible for providing your child with a free appropriate education (FAPE). Your child's Individualized Education Program (IEP) is the roadmap that describes how the school will provide your child with a FAPE.

What if I Don’t Think the School is Providing FAPE?

You have available to you, as a parent, the entire arsenal of due process procedures (the school is required by law to give you a copy at least once a year, on initial referral, change of placement, when you file a complaint, or if you ask for one). To learn more about your rights as a parent of a disabled child, go here: Parents Rights It explains step by step the actions you can take if you do not agree with the way the school is handling their responsibilities. If you need legal help, here is a good place to get started: Legal Help

Your Child’s Rights

The law gives disabled children the right to a Free Appropriate Public Education and it is important that you understand this basic right for your child. Working with your child’s school can be a pleasant, cooperative experience, but it can also be a nightmare. Communication is the key. Work out a way to consistently communicate with the staff who are working directly with your child, and find a way to keep the principal in the loop as well – especially the positive stuff! And it wouldn’t hurt to volunteer to help in the classroom – and here’s the clincher – bake some cookies or brownies or something – I’m telling you, teachers love that stuff and they will remember it. Teachers are people too – treat them that way and it will go a long way in keeping those lines of communication open and productive.

Return from Free Appropriate Public Education to Special Education

Resources:

Individuals with Disabilities Education Act of 2004
Section 504 of the Rehabilitation Act of 1973
Americans with Disabilities Act of 1990

Disclaimer
This is for your information only and is not meant as a substitute for consulting legal advice.