Free Appropriate Public Education

Free Appropriate Public Education (FAPE) is a legal term and a provision under the Individuals with Disabilities Education Act (IDEA) in the United States that ensures that students with disabilities receive early intervention, special education, and related services necessary to provide them with an educational opportunity that is equivalent to that provided to non-disabled students. The concept of FAPE is foundational to the IDEA, which mandates that children with disabilities have the right to a public education that is tailored to their individual needs.

Definition and Scope

FAPE is defined in Section 504 of the Rehabilitation Act of 1973 and further elaborated in the IDEA. According to these laws, an education is considered "appropriate" if it is designed to meet the unique needs of a student with a disability as adequately as the needs of non-disabled students are met. This includes the provision of personalized instruction with sufficient support services to permit the child to benefit educationally from that instruction.

FAPE encompasses the education and services provided in a variety of settings, not limited to the traditional classroom. It may include, but is not limited to, special education classrooms, home instruction, and instruction in hospitals and institutions. This education must be provided at no cost to the parents or guardians of the child.

Legal Requirements

Under IDEA, states receiving federal education funds are required to provide FAPE to children with disabilities. This includes ensuring that:

• The education is provided under public supervision and direction at no cost to the parents.
• It meets the standards of the state educational agency.
• It includes an appropriate preschool, elementary school, or secondary school education.
• It is provided in conformity with an individualized education program (IEP) that meets the requirements of the IDEA.

Components of FAPE

A key component of FAPE is the Individualized Education Program (IEP), a document that is developed for each public school child who needs special education. The IEP is created through a team effort and reviewed periodically. It includes:

• A statement of the child's present levels of academic achievement and functional performance.
• A statement of measurable annual goals, including academic and functional goals.
• A description of how the child's progress towards meeting the annual goals will be measured.
• A statement of the special education and related services and supplementary aids and services to be provided to the child.

Challenges and Controversies

The interpretation of what is "appropriate" in FAPE has been the subject of much debate and litigation. The U.S. Supreme Court case Board of Education v. Rowley established that schools are not required to provide the best possible education to students with disabilities but must provide an education that is reasonably calculated to enable the child to receive educational benefits. More recently, the Supreme Court case Endrew F. v. Douglas County School District clarified that the "merely more than de minimis" standard adopted in some circuits is not sufficient, and that the school must offer an IEP reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances.

Conclusion

FAPE is a fundamental right under the IDEA, ensuring that students with disabilities are provided with an education that meets their unique needs. While the concept of what is "appropriate" can vary, the goal of FAPE is to provide educational opportunities that are equivalent to those provided to non-disabled students, preparing them for further education, employment, and independent living.