FAPE (Free and Appropriate Public Education) is a legal term used to define the basic civil right of children with disabilities to a free public education that is tailored to meet their unique individual needs. It is often used in reference to students receiving special education services as outlined by the Individuals with Disabilities Education Act (IDEA).
The History and Definition of FAPE
The term FAPE first appeared in 1975 when the U.S. Supreme Court in the landmark civil rights case Board of Education of the Hendrick Hudson Central School District v. Rowley established a nation-wide constitutional right to a free, public K-12 education. In this case, the Court held that the education a student with disabilities receives must be “reasonably calculated to enable the student to receive some educational benefit.”
In furtherance of this right, Congress enacted the Individuals with Disabilities Education Act (IDEA) in 1990. This legislation requires that public schools provide customized educational services and facilities that meet the unique academic and developmental needs of children with disabilities. It emphasizes the importance of individualized instruction, use of appropriate materials, and use of supplementary aids and services designed to help students fully participate emotionally, socially, and academically in school.
Examples of FAPE in Action
Today, FAPE is a cornerstone of education and disability rights legislation. A number of examples illustrate how FAPE is implemented in public schools:
- School administrators work with families and service providers to develop an individual education plan (IEP) for each student with a disability.
- Classrooms are equipped with assistive technology and other tools to facilitate individual student success.
- Teachers modify lesson plans or use instructional strategies to meet the individual needs of students with disabilities.
- Student tutors or paraprofessionals are provided to support instructional programs and help students participate in academic activities.
- Schools provide additional attention, support services, and other special assistance for students with disabilities.
Conclusion: How FAPE Is Supporting a Better Education for All
FAPE is a legal requirement in the United States, helping to ensure that all students have access to a high quality education, regardless of physical and mental challenges. FAPE sets a legal basis for how public schools must deliver education to students with disabilities, and how educational institutions must work collaboratively to meet the needs of all children, and not just those with special needs.