Free Appropriate Public Education
Free Appropriate Public Education, or FAPE, is an educational right of disabled children in the United States that is guaranteed by the
Rehabilitation Act of 1973[ http://www.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html ] and the Individuals with Disabilities Education Act(IDEA). FAPE is defined as an educational program that is individualized to a specific child, designed to meet that child's unique needs, provides access to the general curriculum, meets the grade-level standards established by the state, and from which the child receives educational benefit.Cite web |url=http://www.law.cornell.edu/uscode/uscode20/usc_sec_20_00001401----000-.html |title=20 U.S.C. §1401(9) |publisher=Cornell Law School |accessdate=2008-07-21] The United States Department of Education issues regulations that define [ [http://edocket.access.gpo.gov/cfr_2002/julqtr/34cfr300.13.htm] ] and govern [ [http://www.access.gpo.gov/nara/cfr/waisidx_02/34cfr300_02.html] ] the provision of FAPE.
To provide FAPE to a child with a disability, schools must provide students with an education, including specialized instruction and related services, that prepares the child for further education, employment, and independent living. [Cite web |url=http://www.law.cornell.edu/uscode/uscode20/usc_sec_20_00001400----000-.html |title=20 U.S.C. §1400(c)(5)(A)(i) |publisher=Cornell Law School |accessdate=2008-07-21]
Criteria for FAPE
The "free" public education means educational services must be provided at public expense, under public supervision and direction, and without charge to parents except for fees that are charged for all students. [ [http://edocket.access.gpo.gov/cfr_2002/julqtr/34cfr300.13.htm 34 CFR 300.13] ] In "Board of Education v. Rowley" the United States Supreme Court set forth a two-part inquiry for determining whether a school district has satisfied the FAPE requirement. [ [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=458&invol=176] ] First, the state must have "complied with the procedures set forth in the Act." [ Rowley, 458 U.S. at 206.] These procedures enable parents of a disabled child to examine school records, participate in meetings, and present complaints. [See 20 U.S.C. § 1415(b).] Parents must also be given notice of any proposals to change the educational placement of a child, and they are entitled to an independent educational evaluation. They can initiate an impartial due process hearing for failure to comply with the Act and bring a subsequent civil action challenging an adverse determination at the hearing. [ See 20 U.S.C. § 1415(f)-(i).] Second, the IEP that is developed must be "reasonably calculated to enable the child to receive educational benefits." [ Rowley, 458 U.S. at 206-07.] Therefore, the IEP must be designed to enable the child to achieve passing marks and advance from grade to grade. [ P. ex rel. Mr. P. v. Newington Bd. of Educ. 512 F.Supp.2d 89 (D.Conn.,2007).]
Definition of an appropriate education
Some of the criteria specified in various sections of the IDEA statute includes requirements that schools provide each disabled student an education that:
*is designed to meet the unique educational needs of that one student,
*addresses both academic needs and functional needs,
*provides “…access to the general curriculum to meet the challenging expectations established for all children” (that is, it meets the approximate grade-level standards of the state educational agency, to the extent that this is appropriate)
*is provided in accordance with the
Individualized Education Plan(IEP) as defined in 1414(d), and
*is reasonably calculated to enable the child to receive educational benefits.
The free appropriate public education proffered in an IEP need not be the best possible one, nor one that will maximize the child's educational potential; rather, it need only be an education that is specifically designed to meet the child's unique needs, supported by services that will permit him to benefit from the instruction. The IDEA guarantees only a basic floor of opportunity, consisting of specialized instruction and related services which are individually designed to provide educational benefit. [Adam J. ex rel. Robert J. v. Keller Independent School Dist, 328 F.3d 804 (5th Cir 2003).] Thus, Rowley says, the IDEA "cannot be read as imposing any particular substantive educational standard upon the States."
Definition of educational benefit
Since the statute is silent as to what constitutes educational benefit, the standard is defined federal regulations and by ongoing case law. Most courts to address the issue have found that in order to show a FAPE is being provided, the child must make some educational progress. A number of courts have struggled with the question of how much progress is sufficient, yet the standards are still somewhat vague.
In Board of Education v. Rowley, the U.S. Supreme Court ruled that IDEA does not require states to develop IEPs that "maximize the potential of handicapped children." [ [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=458&invol=176 Bd. of Educ. v. Rowley, 458 U. S. at 189] ] Another important ruling established by a case called "Walczak v. Florida Union Free School District" in 1998 asserts that children are not entitled to the best education that money can buy; they are only entitled to an appropriate education. Some courts have required that the progress the child receives be meaningful or more than "
Legal basis and relevant statutes
Three existing federal statutes address the rights of children with disabilities to receive a free and appropriate public education (FAPE): Section 504 of the 1973 Rehabilitation Act,
Individuals with Disabilities Education Act(IDEA), and Americans with Disabilities Act(ADA). FAPE is a civil right rooted in the Fourteenth Amendment of the United States Constitutionwhich includes Equal Protectionand Due Processclauses.Fact|date=June 2007
IDEA 2004 excerpts
Public Law 94-142 (IDEA) defines FAPE as special educational and related services at public expense (i.e. without charge), meeting the standards of approximate grade levels of the State education agency within the context of an individualized education program written with parental participation; and due process, including access to judicial review to determine that the State has complied with the Act and that the written individualized educational program is "reasonably calculated to enable the child to receive educational benefits," e.g. achieving passing marks and grade advancement.
Americans with Disabilities Act (ADA) excerpts
Title II of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability by state and local governmental entities, including public school districts. Under Title III the ADA also prohibits discrimination against students with disabilities in private schools that are considered public accommodations.
While private schools are not required to provide a free or appropriate education to students with disabilities (and by definition a private school cannot provide a public education), under the ADA they must take reasonable steps to ensure that students with disabilities have equal access to the private school's educational program. Many times this means changes to school rules, such as allowing a medically fragile child to carry a cell phone, permitting the use of tape recorders or laptop computers in class, or allowing a student with a movement disability extra time to walk between classrooms. A school might also provide auxiliary aids and services such as computer-aided transcription services, assistive listening devices for auditorium-based lectures, closed captioned decoders, open and closed captioning, TDDs, and videotext displays. A private school is not required to provide an auxiliary aid or service if the school can show that providing the service would fundamentally alter the program or require significant difficulty or expense, and under some circumstances they may charge extra for additional services. For example, if a school offers after-school tutoring to all students for an additional fee, they may charge the same fees to a disabled student who wants after-school tutoring.
ection 504 of the Rehabilitation Act of 1973
The Rehabilitation Act of 1973 established non-discrimination requirements for federal agencies and for State and local programs receiving federal assistance. The Act does not directly bar discrimination by individuals (as does the Americans with Disability Act, ADA), but rather operates indirectly and bars discrimination by the state and local recipients of federal assistance. Section 504 states that no otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service." As a result of section 504, state public education programs began to be subject to federal non-discrimination requirements.
Individuals with Disabilities Education Act
Least Restrictive Environment
Response to intervention
Special Education in the United States
* [http://www.wrightslaw.com Wrightslaw]
* [http://www.nichcy.org/ National Dissemination Center for Children with Disabilities (NICHCY)]
* [http://www.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html US Department of Education on FAPE] under Section 504
Wikimedia Foundation. 2010.
Look at other dictionaries:
free appropriate public education — A requirement of the Individuals With Disabilities Education Act that a child with disabilities is entitled to an educational program (including classroom setting, teaching strategies, and services) that is individually tailored to meet his or… … Law dictionary
Creation and evolution in public education — Part of a series on Creationism History of creationism Neo creationism … Wikipedia
Education for All Handicapped Children Act — The Education for All Handicapped Children Act (sometimes referred to using the acronyms EAHCA or EHA, or Public Law (PL) 94 142) was enacted by the United States Congress in 1975. This act required that all public schools accepting federal funds … Wikipedia
Education in the United States — of America U.S. Department of Education Secretary Deputy Secretary Arne Duncan Anthony Miller … Wikipedia
Education in Pennsylvania — There are numerous elementary, secondary, and higher institutions of learning in Pennsylvania. Pennsylvania is home to 501 public school districts, thousands of private schools, many publicly funded colleges and universities, and over 100 private … Wikipedia
Education reform — is the process of improving public education. Small improvements in education theoretically have large social returns, in health, wealth and well being. Historically, reforms have taken different forms because the motivations of reformers have… … Wikipedia
Education in Mali — Public education in Mali is in principle provided free of charge and is compulsory for nine years between the ages of seven and 16. [http://lcweb2.loc.gov/frd/cs/profiles/Mali.pdf Mali country profile] . Library of Congress Federal Research… … Wikipedia
education — /ej oo kay sheuhn/, n. 1. the act or process of imparting or acquiring general knowledge, developing the powers of reasoning and judgment, and generally of preparing oneself or others intellectually for mature life. 2. the act or process of… … Universalium
EDUCATION, JEWISH — This entry is arranged according to the following outline. Bibliography at the end of a section is indicated by (†). in the biblical period the nature of the sources historical survey the patriarchal period and the settlement the kingdom the… … Encyclopedia of Judaism
Education in the People's Republic of China — This article is about education in the People s Republic of China. See Education in Hong Kong and Education in Macau for education in Hong Kong and Macau, respectively. For education in the Republic of China (Taiwan), see Education in the… … Wikipedia