What is FAPE

FAPE stands for Free Appropriate Public Education. It’s a legal principle that guarantees that students with disabilities receive an education at no cost to their families (“free”) and tailored to their individual needs (“appropriate”) in the public school system. In other words, if your child has a disability that affects their education, the school must provide special education services and supports without charge and in a way that meets your child’s unique needs so they can make educational progress.

All children with disabilities who attend public school and are eligible under IDEA or Section 504 are entitled to FAPE. This typically means any student who has an IEP or a 504 plan has the right to a Free Appropriate Public Education. From roughly age 3 through 21 (or until high school graduation), if a child qualifies for special education or has a disability that requires accommodations, the school must provide an appropriate education at no cost to the family.

FAPE guarantees an appropriate education, which isn’t necessarily the absolute “best” education that could be imagined, but one that is reasonably calculated to help your child make progress. The law requires the school to provide a program tailored to your child’s needs so they can learn and advance (for example, the IEP must offer a chance for meaningful progress and to meet challenging objectives). Schools don’t have to maximize a child’s potential or provide every service a parent might want; however, they do have to provide sufficient support so the child can achieve educational goals and not fall behind due to their disability.

FAPE means the school must provide all the special education and related services that your child needs to address their disability – at no cost to you. This can include specialized instruction, therapies (like speech or occupational therapy), counseling, transportation, assistive technology, and accommodations or modifications in the classroom. It also means the child has access to extracurricular and nonacademic activities with any necessary supports so they can participate alongside peers. Essentially, anything outlined in your child’s IEP or 504 plan as necessary for their education is part of FAPE.

In the public school system, FAPE covers eligible children roughly from age 3 through 21 years old. This typically starts with preschool services at age 3 (before that, infants and toddlers can get early intervention services, which is a different program), and it continues until your child graduates high school or ages out at 21 (some states may extend to 22). After high school, FAPE under IDEA no longer applies, but other laws like Section 504 and the ADA ensure accommodations in college or other settings.

If you think your child isn’t getting a Free Appropriate Public Education – for example, the school isn’t following the IEP or the IEP isn’t meeting your child’s needs – you have several options. First, you can call an IEP meeting to discuss your concerns and try to resolve the issues with the school; the team should adjust the program if the child isn’t making appropriate progress. If that doesn’t help, you can explore dispute resolution: mediation, filing a state complaint, or requesting a due process hearing are all ways to enforce your child’s right to FAPE. Remember that under IDEA you have procedural safeguards (legal rights) that protect you and your child – these include the right to challenge the school’s decisions if FAPE is in question.