Free Appropriate Public Education (FAPE)
FAPE is the foundational right of every student with a disability to receive special education and related services at no cost to the family, designed to meet their unique needs and prepare them for further education, employment, and independent living.
Key Rights
- ✓Every eligible student is entitled to FAPE at no cost to the family
- ✓FAPE must be designed to meet the student's unique educational needs
- ✓Services must be provided in conformity with the student's IEP
- ✓FAPE includes special education and all related services
- ✓Parents may challenge whether FAPE is being provided through due process
School Responsibilities
- Provide all services listed in the IEP at no cost
- Ensure services are appropriate to the student's needs
- Implement the IEP without delay
- Provide compensatory education if FAPE was denied
- Offer placement in the least restrictive environment
Federal Law
IDEA, 20 U.S.C. § 1401(9). The Supreme Court in Endrew F. v. Douglas County School District (2017) held that IEPs must be reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances — more than merely de minimis progress.
California Law
CA SpecificCalifornia Education Code § 56000. California's FAPE standard aligns with federal law. California also requires that services be provided in the least restrictive environment and that IEPs be implemented without undue delay.
What Parents Can Do
- 1Request an IEP meeting if you believe FAPE is not being provided
- 2Document all concerns in writing
- 3Request compensatory education for missed services
- 4File a state complaint or request due process
- 5Consult with an education law attorney
Educational Information Only
This information is for educational purposes only and does not constitute legal advice. Laws and regulations may change. For advice about your specific situation, consult a qualified education law attorney.