Skip to content

What is FAPE? Free appropriate public education explained

By the IEP Atlas editorial teamLast updated

Short answer

FAPE, or free appropriate public education, is special education and related services provided at public expense, meeting state standards, and delivered through an IEP. It is defined at 34 CFR 300.17. Under the Endrew F. decision, an IEP must be reasonably calculated to let the student make progress appropriate in light of the student's circumstances. It does not promise the best possible education.

FAPE stands for free appropriate public education. It is the central promise of the Individuals with Disabilities Education Act (IDEA): every eligible child with a disability, ages 3 through 21, has the right to it.[2]

The federal definition has four parts. FAPE is special education and related services that are provided at public expense, under public supervision and without charge; meet the standards of the state education agency; include an appropriate preschool, elementary or secondary education; and are provided in line with an IEP.[1]

What each word means

WordWhat it means in practice
FreeNo cost to the family for special education and related services. Schools can still charge the same fees every student pays, like a field trip fee.[1]
AppropriateDesigned to meet the child's individual needs so the child can make meaningful progress. Not the best possible program.
PublicProvided under public supervision. A school can place a child in a private program at public cost when the IEP team decides it is needed.
EducationSpecial education, which is specially designed instruction, plus the related services the child needs to benefit from it.

The standard for "appropriate"

Two Supreme Court cases shape what "appropriate" means.

In 1982, the Court held in Rowley that FAPE does not require a school to maximize a child's potential. The school meets its duty when it follows IDEA's procedures and gives an IEP reasonably calculated to provide educational benefit.[3]

In 2017, the Court raised the bar in Endrew F. It held that an IEP must be reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances. Goals should be appropriately ambitious, and a plan aimed at only minimal progress is not enough.[4] The U.S. Department of Education's question-and-answer document explains how schools apply that standard.[5]

The guide to appropriately ambitious IEP goals shows what that looks like in goal writing.

FAPE example

This example is fictional.

Lena is in grade 3 and has a specific learning disability in reading. In September she reads 38 words correctly per minute on grade 3 passages. Her IEP sets a goal of 75 words per minute by June, with 40 minutes a day of small-group reading instruction and a speech-language service.

FAPE here means several things together. The school provides the reading instruction and speech at no cost. The instruction meets state standards and is tied to grade 3 content. The plan is written in an IEP the team agreed on. And the goal is set from her baseline to show real growth, not a token gain.

If the school stopped the reading group in January because the teacher left, Lena would not be getting the services in her IEP. That can raise a FAPE question. The guide on what to do when the IEP is not being implemented covers that situation.

FAPE vs LRE

FAPE is often confused with the least restrictive environment (LRE). They work together but answer different questions.

FAPELRE
Question it answersWhat education and services does the child get?Where does the child get them, and with whom?
Core ruleSpecial education and related services at no cost, meeting state standards, through an IEPEducate with children without disabilities to the maximum extent appropriate
Federal rule34 CFR 300.17 and 300.101[1]34 CFR 300.114 to 300.120[7]
Where it shows in the IEPGoals, services, accommodationsPlacement, time in general education, explanation of time outside it
Example40 minutes a day of reading instructionThat instruction happens in a small group in the resource room; the rest of the day is in grade 3 class

The guide on least restrictive environment covers LRE fully.

Where FAPE appears and who decides

FAPE is not one line in the IEP. It is the whole plan: present levels, goals, services, accommodations and placement. The IEP team, including the parent, writes it. OSEP has also said that IEPs must be aligned with grade-level state academic standards for the grade the child is enrolled in.[6]

If a parent and school disagree about whether a child is getting FAPE, the parent can use the procedural safeguards, such as mediation or a due process hearing. The guide on special education rights explains them. Rules and procedures vary by state.

Frequently asked questions

Does FAPE mean the best possible education?

No. FAPE means an appropriate education, not the best one available. Under Endrew F., the IEP must be reasonably calculated to help the child make progress appropriate in light of their circumstances, with appropriately ambitious goals.

Who is entitled to FAPE?

Every child with a disability who is eligible under IDEA, from age 3 through 21, including children who have been suspended or expelled. Some states end services at a different age, depending on state law for school-age students.

Does a 504 plan provide FAPE too?

Section 504 has its own FAPE requirement, which can be met through regular or special education and related aids and services. It is defined differently from FAPE under IDEA.

Use it in IEP Atlas

Sources

  1. 34 CFR §300.17: Free appropriate public education, Legal Information Institute, Cornell Law School
  2. 34 CFR §300.101: Free appropriate public education (FAPE), Legal Information Institute, Cornell Law School
  3. Board of Education of the Hendrick Hudson Central School District v. Rowley, 458 U.S. 176 (1982), Library of Congress (U.S. Reports)
  4. Endrew F. v. Douglas County School District RE-1, 580 U.S. 386 (2017), Supreme Court of the United States
  5. Questions and Answers (Q&A) on U.S. Supreme Court Case Decision Endrew F. v. Douglas County School District Re-1 (December 7, 2017), U.S. Department of Education
  6. OSEP Dear Colleague Letter on Free Appropriate Public Education (FAPE) (November 16, 2015), U.S. Department of Education, Office of Special Education Programs
  7. 34 CFR §300.114: LRE requirements, Legal Information Institute, Cornell Law School

Written and checked by the IEP Atlas editorial team under our editorial policy. This guide describes general practice and federal rules. It is not legal advice; your state may add requirements, and the IEP team makes the decisions for each student.

IEP Atlas Pro

Turn your goals into progress reports

Pro tracks every goal on your caseload and drafts the report for you. Free for 14 days.

Count trials, prompts, and minutes live in the session; the graph and trend line draw themselves; progress reports are drafted from your data.