What does a Free Appropriate Public Education (FAPE) mean?FAPE means special education and related services that:
• Are provided at public expense, under public supervision and direction and without charge
• Meet State standards
• Include appropriate preschool, elementary school or secondary school education
• Are provided in conformity with the IEP (IDEA §300.17)
Who is entitled to FAPE?
A FAPE must be made available to all children with disabilities including one who have been suspended or expelled from school. (IDEA §300.101(a))
A FAPE must be made available to all children with disabilities including one who have been suspended or expelled from school. (IDEA §300.101(a))
FAPE for Children Beginning at Age 3:
Each State must ensure that the obligation to provide FAPE to eligible children begins, and an IEP is in place no later than the child’s 3rd birthday. If a child’s birthday occurs during the summer, the child’s IEP Team shall determine the date when services under an IEP will begin.
(IDEA §300.101(b))
Children Advancing from Grade to Grade:
Each state must ensure that FAPE is available to any individual child with a disability who needs special education and related services, even though the child has not failed or been retained in a course or grade, and is advancing from grade to grade.
(IDEA §300.101(c))
(IDEA §300.101(b))
Children Advancing from Grade to Grade:
Each state must ensure that FAPE is available to any individual child with a disability who needs special education and related services, even though the child has not failed or been retained in a course or grade, and is advancing from grade to grade.
(IDEA §300.101(c))
Exceptions to FAPE:
The obligation to make FAPE available to all children with disabilities does not apply with respect to the following:
• Children with disabilities who have graduated from high school with a regular high school diploma (the term ‘regular high school diploma’ does not include an alternative degree that is not fully aligned with State academic standards, such as a certificate or a general educational developmental credentials (GED) (IDEA §300.102)
The obligation to make FAPE available to all children with disabilities does not apply with respect to the following:
• Children with disabilities who have graduated from high school with a regular high school diploma (the term ‘regular high school diploma’ does not include an alternative degree that is not fully aligned with State academic standards, such as a certificate or a general educational developmental credentials (GED) (IDEA §300.102)
Children in Residential Placements:
If a placement in a public or private residential program is necessary to provide special education and related services to a child with a disability, the program, including non-medical care and room and board, must be at ‘no cost’ to the parents of the child.
(IDEA §300.104)
If a placement in a public or private residential program is necessary to provide special education and related services to a child with a disability, the program, including non-medical care and room and board, must be at ‘no cost’ to the parents of the child.
(IDEA §300.104)
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