Free Appropriate Public Education

Guaranteed by the Individuals with Disabilities Education Act (IDEA), a Free Appropriate Public Education (FAPE) is an educational right of disabled children in the United States. FAPE is defined as an educational program that is individualized to a specific child, designed to meet 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. ^[1]

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. ^[2]

Criteria for FAPE

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.

The statute is less specific in two major areas: what makes a program appropriate, and the amount of educational benefit to which a child is entitled in order to receive FAPE. These two areas are the subject of much debate among parents and schools. They are also the source of much of the special education litigation in the US. ^{[citation needed]}

Definition of an appropriate education

Some of the criteria specified in various sections of the IDEA statute includes 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) ^[3]
Is provided in accordance with the Individualized Education Plan (IEP) as defined in 1414(d) ^[4].
Is reasonably calculated to enable the child to receive educational benefits.

However, a child with disabilities is not entitled to the best education, or an education that maximizes the student's ability. ^[5]

Definition of educational benefit

Since the statute is silent as to what constitutes educational benefit, the standard is being defined by ongoing case law. Most courts to address the issue have found that in order to show a FAPE is being provided, the child must make some educational progress. A number of courts have struggled with the question of how much progress is sufficient, yet the standards are still somewhat vague.

In Bd. of Educ. v. Rowley, the U.S. Supreme Court ruled that IDEA does not require states to develop IEPs that "maximize the potential of handicapped children." Bd. of Educ. v. Rowley, 458 U. S. at 189.

Another important ruling established by a case called Walczak v. Florida Union Free School District in 1998 asserts that children are not entitled to the best education that money can buy; they are only entitled to an appropriate education.

Some courts have required that the progress the child receives be meaningful or more than de minimus.^[6]

Legal basis and relevant statutes

Three existing federal statutes address the rights of children with disabilities to receive a free and appropriate public education (FAPE): Section 504 of the 1973 Rehabilitation Act, Individuals with Disabilities Education Act (IDEA), and Americans with Disabilities Act (ADA).

FAPE is a civil right rooted in the Fourteenth Amendment of the United States Constitution which includes Equal Protection and Due Process clauses. ^{[citation needed]}

IDEA 2004 excerpts

20 U.S.C. § 1401. Definitions.

(9) Free Appropriate Public Education. The term ‘free appropriate public education’ means special education and related services that– (A) have been provided at public expense, under public supervision and direction, and without charge; (B) meet the standards of the State educational agency; (C) include an appropriate preschool, elementary school, or secondary school education in the State involved; and (D) are provided in conformity with the individualized education program required under section 1414(d)of this title.

Public Law 94-142 (IDEA) defines FAPE as special educational and related services at public expense (i.e. without charge), meeting the standards of approximate grade levels of the State education agency within the context of an individualized education program written with parental participation; and due process, including access to judicial review to determine that the State has complied with the Act and that the written individualized educational program is "reasonably calculated to enable the child to receive educational benefits," e.g. achieving passing marks and grade advancement.

Americans with Disabilities Act (ADA) excerpts

Title II of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability by state and local governmental entities, including public school districts. Under Title III the ADA also prohibits discrimination against students with disabilities in private schools that are considered public accommodations.

While private schools are not required to provide a free or appropriate education to students with disabilities (and by definition a private school cannot provide a public education), under the ADA they must take reasonable steps to ensure that students with disabilities have equal access to the private school's educational program. Many times this means changes to school rules, such as allowing a medically fragile child to carry a cell phone, permitting the use of tape recorders or laptop computers in class, or allowing a student with a movement disability extra time to walk between classrooms. A school might also provide auxiliary aids and services such as computer-aided transcription services, assistive listening devices for auditorium-based lectures, closed captioned decoders, open and closed captioning, TDDs, and videotext displays. A private school is not required to provide an auxiliary aid or service if the school can show that providing the service would fundamentally alter the program or require significant difficulty or expense, and under some circumstances they may charge extra for additional services. For example, if a school offers after-school tutoring to all students for an additional fee, they may charge the same fees to a disabled student who wants after-school tutoring.

Section 504 of the Rehabilitation Act of 1973

Section 504 states: "No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service."

Notes

^ 20 U.S.C. §1401(9)
^ 20 U.S.C. §1400(c)(5)(A)(i)
^ 20 U.S.C. Section 1401(9)
^ 20 U.S.C. Section 1401(9)
^ Find appropriate case for standard
^ Find and cite relevant cases

External links

[1] 20 U.S.C. §1401(9)

[2] 20 U.S.C. §1400(c)(5)(A)(i)

[3] 20 U.S.C. Section 1401(9)

[4] 20 U.S.C. Section 1401(9)

[5] Find appropriate case for standard

[6] Find and cite relevant cases

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