FAPE

Free appropriate public education (FAPE) is a core right under the Individuals with Disabilities Education Act (IDEA). It means an eligible child gets special education and related services from the public school system, at public expense and with no charge to you. These come through an individualized education program (IEP). Appropriate means the program fits your child. That doesn't mean the best possible program.

The Supreme Court set today's standard in 2017 in Endrew F., a case about an autistic student. A school must offer an IEP that's reasonably calculated to help a child make progress that's appropriate in light of their circumstances. The goals should be appropriately ambitious. The Court also said parents' input is part of the process. Federal rules make FAPE available from ages 3 through 21, though states don't have to serve ages 3 to 5 or 18 to 21 where that conflicts with state law or practice.

For your child, FAPE comes through the IEP. Your child doesn't have to fail or repeat a grade to qualify for special education. The school's duty starts by your child's third birthday, which is when early intervention ends. FAPE covers what the school provides through the IEP, so private ABA therapy and school services are separate.

• Ask the school about goals: Ask the IEP team how your child's goals are ambitious in light of their circumstances, and how progress will be measured.
• Ask about ages in your state: Ask your school district which ages it serves, since that depends on state law.
• Ask your behavior analyst: Ask your Board Certified Behavior Analyst (BCBA) what your child's therapy data shows that could help you prepare for the IEP meeting.