The FAPE Mandate of the IDEA
This law requires that students, who are qualify for special education or related services under IDEA, receive free special education instruction and services that is individualized for their specific needs. The law defines a FAPE as special education and related services that:
- are provided at public expense, under public supervision and direction, and without charge,
- meet standards of the State education agency,
- include an appropriate preschool, elementary, or secondary school education in the state involved, and
- are provided in conformity with the individualized education program. (Yell, 2012)
As a result there will be a full and individualized assessment of the student with the disability. This assessment will determine the services needed for the student and guide the decision made by the individualized education team (IEP) team. Therefore a FAPE is a case-by-case basis for each individual student in special education. A FAPE cannot be defined for student within the law. Instead the parents and school will collaborate to design an appropriate education plan for the student.
Reference:
Yell, Mitchell L. (2012) The Law and Special Education: Third Addition. Upper Saddle River, NJ: Pearson Education, Inc.
Yell, Mitchell L. (2012) The Law and Special Education: Third Addition. Upper Saddle River, NJ: Pearson Education, Inc.