What is FAPE? Understanding This Parental Right in Special Education.

If you’ve been an IEP parent, or been around “IEP people” for a while, you’ve likely heard the term “FAPE” quite a bit. If you’ve gotten advice from an advocate like me, or maybe even from a special education attorney, you may have heard us say things like, “That is the school district’s final offer of FAPE.”

So what is FAPE? What does that even mean? What is a final offer of FAPE?

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While the term FAPE is not in the original IDEA law, it is essential that parents understand the term and what it means for their child. FAPE is a term that arose out of a special education court case.

The concept of a free, appropriate public education (FAPE) has been a cornerstone of US educational law for many years.

Through various updates and significant special education court cases, the definition of FAPE has evolved, presenting new challenges.

I hope to explain for parents, what FAPE means for special education today. It examines the historical context that shaped current regulations and looks at the latest changes in special education law related to FAPE.

As a fun little aside, I like to share this anecdote. I use the term FAPE on my Facebook page, often, obviously. One time, someone chimed in that FAPE was not a term that they use. Then, got indignant with me when I shared how essential it was for her to understand what FAPE is.

My point being: If you ever are considering hiring an advocate, and they don’t know what FAPE is, RUN! FAPE is what we spend all day, every day, trying to obtain.

What is FAPE?

The short answer is that FAPE is Free and Appropriate Education. FAPE is everything.

FAPE stands for Free and Appropriate Education. That is a term that was used in a Supreme Court case that helped better define what our kids’ rights are. It’s just what it says it is.

What FAPE means is this: Every child has a right to a free and appropriate education. It’s that word “appropriate” that we’ve been arguing over ever since, but I digress.

From Wikipedia:

Free Appropriate Public Education (FAPE) is an educational right of all children in the United States that is guaranteed by the Rehabilitation Act of 1973^[1] and the Individuals with Disabilities Education Act (IDEA).

Under Section 504, FAPE is defined as, “…the provision of regular or special education and related aids and services that are designed to meet individual needs of handicapped persons as adequately as the needs of non-handicapped persons are met and are based on adherence to procedures that satisfy the requirements of” the section.

IDEA and FAPE

Under the IDEA, FAPE is defined as an educational program that is individualized to a specific child, that meets that child’s unique needs, provides access to the general curriculum, meets the grade-level standards established by the state, and from which the child receives educational benefit.^[2] 

The United States Department of Education issues regulations that define^[3] and govern^[4] the provision of FAPE. As another aside, this is why I am against Project 2025 or whatever the name of it is these days. It calls for dismantling the US Department of Education.

Yes, there are flaws and lots of room for improvement. However, putting IDEA and our kids under HHS is not a viable solution in my opinion. I won’t go off the rails with explaining all of this. I am sharing this only to encourage other IEP parents to learn about Project 2025 and which politicians support it, before you go to the polls and vote.

To provide FAPE to a child with a disability, schools must provide students with an education, including specialized instruction and related services, that prepares the child for further education, employment, and independent living.^[5]

Your child is entitled to FAPE.

It is the main principle of IDEA. Remember, until 1975, it was common practice to exclude children with disabilities from the public schools.

Final Offer of FAPE

If you’re ever at an IEP meeting, in particular if you are in disagreement with your district over some issues, you may hear them say something like, “Well, this is our final offer of FAPE…………”

In fact, this exact thing happened to me when K was in kindergarten.

Now, to be clear, IDEA “says” that IEPs are drawn up together by an IEP team. And, that parents are IEP team members. This whole concept has never sat well with me. Because, it’s not true.

The IEP process is not balanced. That is, the school district gets to present you with a final IEP offer–even if what the parent desires is not on it. It is the parent’s responsibility or obligation then, to read and use their procedural safeguards if they disagree.

But when a parent is presented with a final draft IEP, that’s essentially what it is: their final offer of FAPE. What they are presenting to you, they believe, is FAPE for your child.

If you do not believe this is FAPE for your child, it’s up to you to take further action.

Key Terms Related to FAPE

FAPE, or Free Appropriate Public Education, consists of several key terms that are essential for understanding its application.

Free refers to the obligation that education and related services for students with disabilities come at no additional cost to families. This means that funding for these services is provided by federal and state governments, ensuring that families do not shoulder any financial burden.

The term appropriate remains somewhat ambiguous, primarily because Congress did not provide an explicit definition in legislation. Instead, the emphasis is placed on the creation of an Individualized Education Program (IEP).

An IEP must enable students to attain meaningful educational progress. This term, originating from a landmark Supreme Court decision, indicates that students should go beyond merely meeting minimal standards. But, again, “meaningful” is vague and it’s where many special education disputes originate.

In educational terms, achieving more than the “de minimis” level is crucial for compliance with educational laws such as the Individuals with Disabilities Education Act (IDEA).

If a student or guardian suspects a breach of FAPE as stipulated in the IEP, they have the right to request a review. An impartial due process hearing officer will evaluate whether the education provided was indeed appropriate.

In these hearings, the IEP emerges as the main point of reference to determine if the school district fulfilled its obligation to deliver FAPE.

The ambiguity of the term “appropriate” in legal settings, including the IDEA and Section 504 of the Rehabilitation Act of 1973, contributes to the frequency of disputes over FAPE. Notable cases addressing these issues include Rowley (1982) and Endrew F. v. Douglas County School District (2017), which have shaped interpretations and applications of FAPE.

IEP and FAPE

Considering all of the above, your child’s IEP is basically their documentation of FAPE. “What is FAPE for my child?” Well, it’s your IEP, if you agree with it.

If you don’t agree with it, then, you don’t think your child is receiving FAPE.

Get the free FAPE guide below, or read the other articles I have on the site about FAPE.