Free Appropriate Public Education (FAPE)
Free Appropriate Public Education (FAPE) is a fundamental principle established under the Individuals with Disabilities Education Act (IDEA) that ensures students with disabilities receive access to public education tailored to their individual needs. The concept of FAPE emerged in response to a history of exclusion and inadequate educational opportunities for children with disabilities in the United States. Prior to the enactment of IDEA, many students with disabilities were either denied access to public schools or relegated to substandard institutions.
FAPE mandates that public school districts provide special education and related services at no cost to families, ensuring that all eligible students can benefit from an appropriate educational experience. This education must be delivered in the least restrictive environment, allowing students to learn alongside their peers whenever possible. Determining what constitutes an "appropriate" education can vary; however, it is typically outlined through Individualized Education Programs (IEPs) that involve collaboration between educators, parents, and specialists.
Importantly, while FAPE guarantees access to education, it does not require schools to maximize a student's potential or offer specialized programs beyond what is deemed necessary for their educational benefit. FAPE also does not extend to inclusion in extracurricular activities or guarantee participation in special programs. Overall, FAPE represents a significant commitment to educational equity for students with disabilities, aiming to prepare them for future educational opportunities, employment, and independent living.
Free Appropriate Public Education (FAPE)
The term free appropriate public education (FAPE) refers to a principle in the Individuals with Disabilities Education Act (IDEA). IDEA is an act that provides protections for students with disabilities, allowing them to receive public education and critical services, such as early intervention, from birth to age twenty-one. FAPE is one of the guiding principles that ensures all students, no matter their disability, receive a proper public education.
Background
For many years, students with disabilities were not able to attend public schools in the United States. In some cases, wealthy families could send children with certain disabilities, such as deafness or blindness, to private schools. However, these schools often required students to live on campus away from their families. In the early 1900s, some day programs for students with disabilities were available in larger cities. Still, most students with disabilities were either sent away to residential programs or did not attend school at all.
Additionally, many people with disabilities were institutionalized in state hospitals. Conditions at these facilities, which were often overcrowded, were usually substandard. Individuals with disabilities were given basic care and medical treatment, but education was not a main priority at state institutions. By 1967, nearly two hundred thousand people with significant disabilities resided in state-run institutions. By 1970, only about one in five children with disabilities attended public school. Because education is the responsibility of the states, some states even had laws that excluded children with certain disabilities (including blindness, deafness, and intellectual disabilities) from attending public school.
During the 1950s and 1960s, the federal government began instituting programs to help educate more students with disabilities. Some programs provided closed-captioning for videos or included training teachers to work with students who were deaf or hard of hearing and students with developmental challenges or learning disabilities. In 1965, the Elementary and Secondary Education Act was passed, which created the Bureau of Education for the Handicapped, now known as the Office of Special Education Programs (OSEP).
The Rehabilitation Act of 1973 made it so schools that received federal funding could not exclude students with disabilities. This act also stated that the school could not force a student’s family to pay for necessary services. Education had to be provided free of charge.
Finally, in 1975, the federal government passed the Education for All Handicapped Children Act (EAHCA). This law required all public schools to provide a free appropriate public education (FAPE) to all students in the least restrictive environment (LRE), according to the student’s individual needs.
In 1982, the US Supreme Court ruled in Board of Education v. Rowley that there were two criteria that had to be met for FAPE to be satisfied. First, the school must comply with the procedures set forth in EAHCA. Additionally, the school had to develop an individualized education program (IEP) for each student in such a way that it provided a measurable educational benefit for that student.
In 1990, EAHCA was revised and renamed IDEA, eliminating the use of the term “handicapped” in favor of “individuals with disabilities.” Over the years, there have been additional changes made to various portions of IDEA. However, FAPE remains a basic principle of the education act.
Overview
IDEA outlines certain provisions that satisfy FAPE. For instance, public expense must cover special education and services for children who qualify under IDEA. The public school district cannot charge parents to provide these educational services for students who qualify. Additionally, special education and services must be provided at the preschool, elementary, and secondary levels within each state.
As stated above, the education the student receives must be provided at public expense. However, there may be instances where districts ask the state to reimburse them if costs are considered exorbitant.
While the “free” part of FAPE was clear, the “appropriate” part was not as easy to determine. This part of FAPE was further defined in the Supreme Court’s 1982 decision in Board of Education v. Rowley. The case involved Amy Rowley, a student who was hard of hearing and performing in the top half of her class. Although she received specialized educational services, such as speech and hearing therapy, Rowley may have performed even better if she had a sign language interpreter. Her school district would not provide the interpreter, though. The court ultimately ruled against Rowley’s petition for an interpreter, arguing that Rowley was otherwise receiving an appropriate education, even if she was not meeting her full potential. The justices found that school districts were not responsible for maximizing the educational potential of students with disabilities but rather were to provide all necessary services and access to education. Still, the justices also stated that they could not establish one test for determining whether the education provided for each student was appropriate.
Experts argue that this is one reason why IEPs are such an important part of special education. IEPs allow the parents and the students to be involved in developing the education program that will meet the students’ needs and allow them to attain the appropriate educational benefits. These same experts argue that it is also important that parents remain actively engaged in their children’s education to ensure that the IEP is being implemented.
The public part of FAPE refers to the public school district, which receives federal education funds. Under IDEA and FAPE, public school districts must provide students with disabilities, regardless of the severity or type of condition, with a public education. While the education part of FAPE may seem obvious, it is important to note that the education provided must prepare the student for future education, employment, and independent living.
FAPE does not guarantee that a student will receive additional special programs, such as Orton-Gillingham instruction for individuals who struggle with reading. However, the IEP team can discuss such instructional options. FAPE also does not guarantee children with disabilities spots on sports teams or in clubs. While the school must allow every student to try out for teams and clubs, students with disabilities are not given any special consideration in extracurricular activities.
Bibliography
“About IDEA.” Individuals with Disabilities Education Act, sites.ed.gov/idea/about-idea. Accessed 20 Nov. 2024.
Bateman, David F., and Christopher L. Schwilk. “Free Appropriate Public Education.” Encyclopedia of Diversity in Education, edited by James A. Banks, vol. 2, SAGE Reference, 2012, pp. 931–32.
Bateman, David F., and Christopher L. Schwilk. “Individuals with Disabilities Education Act (IDEA).” Encyclopedia of Diversity in Education, edited by James A. Banks, vol. 2, SAGE Reference, 2012, pp. 1187–92.
"Free Appropriate Public Education (FAPE) - A Resource Document." Parent Educational Advocacy Training Center, May 2024, peatc.org/wp-content/uploads/2024/05/FAPE-Free-Appropriate-Public-Education.pdf. Accessed 20 Nov. 2024.
Latham, Patricia H. “Download: FAPE at a Glance.” Understood, www.understood.org/en/articles/at-a-glance-free-and-appropriate-public-education. Accessed 20 Nov. 2024.
Lee, Andrew M.I. “Individuals with Disabilities Education Act (IDEA): What You Need to Know.” Understood, www.understood.org/en/school-learning/your-childs-rights/basics-about-childs-rights/individuals-with-disabilities-education-act-idea-what-you-need-to-know. Accessed 20 Nov. 2024.
Lee, Andrew M.I. “What Is and Isn’t Covered under FAPE.” Understood, www.understood.org/en/school-learning/your-childs-rights/basics-about-childs-rights/what-is-and-isnt-covered-under-fape. Accessed 20 Nov. 2024.
Myhill, William N., and Stephanie Woodward. “Individuals with Disabilities Education Act.” Encyclopedia of Human Services and Diversity, edited by Linwood H. Cousins, vol. 2, SAGE Reference, 2014, pp. 706–08.