FAPE: What Everyone Needs to Know!
FAPE stands for free appropriate public education. It's a legal right for students with disabilities to receive a free education that meets their unique needs. FAPE is a cornerstone of the Individuals with Disabilities Education Act or IDEA, the nation's special education law. Whether you are a parent with a child with special needs, an educator who teaches children with special needs, or an administrator with special needs students in your school community, this legal right applies to everyone. FAPE must be offered to every student, regardless of the disability.
I have heard many horror stories of schools and districts that have denied FAPE and suffered the consequences, and rightly so. Every student can learn. We can all agree on that. Each student is different and has different needs. We can all agree on that, as well. Unfortunately, FAPE has been denied and districts around the country have faced serious consequences such as:
Increased liability
A court finding that a procedural violation of the Individuals with Disabilities Education Act (IDEA) denies FAPE can increase liability for local educational agencies (LEAs).
Disability discrimination
Denying a student's fundamental disability rights is considered disability discrimination.
Compensatory education
A school district that doesn't comply with IDEA requirements may be required to provide compensatory education.
IDEA damages
IDEA allows the award of damages based on the evidence.
Parents and educators need to be aware of exactly what FAPE is and how to guard against denial of FAPE. Here is a link to IDEA and specifically FAPE.
This is an audit or a due process case waiting to happen. Educators, you could do yourself and your district a tremendous favor by knowing what IDEA says. You might just save yourself and your district from a court battle. If you see it is being denied, say something. Be transparent and correct it. Let the parent or guardian know in advance what your corrective action will be and come to a consensus. It will save you in the long run.
Parents, I urge you to not be too quick to find an attorney or advocate. Talk it over with your special education department and allow them to get the issue resolved. If they fail, then, by all means, hold them legally accountable and responsible. They should know the law and if they do not, shame on them.
Let’s do what is lawful and right for all students and children. They deserve our best as educators and their parents deserve the knowledge that their child is getting what is legally appropriate for their particular needs. It is time to come together as an IEP team and walk in lockstep with one another, rather than fight in a courtroom.