What is FAPE (free appropriate public education)?
Common questions
What does appropriate mean under FAPE?
Appropriate means the IEP must be reasonably calculated to enable your child to make progress that is meaningful given their individual circumstances. The U.S. Supreme Court raised this standard in Endrew F. v. Douglas County in 2017, rejecting the idea that minimal progress, barely more than nothing, is enough.
Does FAPE mean the school must maximize my child's potential?
No. FAPE does not require a school to maximize your child's potential or provide the best possible program. It requires a program reasonably calculated for meaningful, ambitious progress. That is a real standard, though, and a plan that produces little or no progress often falls short of it.
What counts as a denial of FAPE?
A denial of FAPE can include an inadequate IEP, services the school fails to deliver, an inappropriate placement, or a plan that produces no meaningful progress. Denial of FAPE is the central claim in most special education disputes, because it goes to whether your child received the education the law guarantees.
What can I do if my child is being denied FAPE?
If you believe your child is being denied FAPE, gather the records and data, document the lack of progress, and challenge the plan through the IEP team, a state complaint, or dispute resolution. This is exactly the kind of case an advocate is built for. The IEP Coach can help. Visit www.theiepcoach.com.
Worried your child is not getting FAPE?
Bring us the records and data. We will tell you where the plan is falling short and what to do next.