What Do IDEA and FAPE Mean? How Can They Affect My Child’s Education?

Why all the acronyms?

Individual with Disabilities Education Act and Free and Appropriate Public Education.

Okay, but what does that mean? Well, FAPE originated in 1975, and is intended to provide every child in the country with access to an education that suits and meets their individual needs. As it stands today, FAPE one of the six core principles of the Individual with Disabilities Education Act (IDEA), which was most recently updated in 2004. The other major principles are: Appropriate Evaluation, access to an Individualized Education Plan (IEP) if determined to be eligible, placement within the Least Restrictive Environment (LRE), Parent Participation in all decisions, and Procedural Safeguards for students and/or families. The intent of IDEA and FAPE is to ensure that all children with disabilities receive a free appropriate public education, including special education and related services that are "designed to meet their unique needs and prepare them for further education, employment and independent living.

Very briefly, let’s start with some of the basics. We have the Section 504 Rehabilitation Act, which allows for mostly just accommodations and modifications for any “health” problem in order to prohibit discrimination against people with disabilities. The Section 504 regulation requires a school district to provide a “free appropriate public education” (FAPE) to each qualified person with a disability who is in the school district’s jurisdiction, regardless of the nature or severity of the person’s disability. To be appropriate, education programs for students with disabilities must be designed to meet their individual needs to the same extent that the needs of nondisabled students are met. An appropriate education may include regular or special education and related aids and services to accommodate the unique needs of individuals with disabilities.

I’d like to dive in to information that is often overlooked- protections for families. Yes its boring and technical but thats why we will review it here together and here’s why. Upon formal research, 47% of parents reported having only some or very little knowledge pertained to how to resolve disagreements with their school and did not understand or use procedural safeguards. Parents who do not posses the knowledge of school special education and legal policies, procedures, and terminology are less likely to become involved in the special education process. Even more important for parents in low income and/or rural school districts to attend board meetings to understand how money is allocated and voice your opinion. It is so important for parents to read and be aware of their procedural safeguards as these include: 1) legally required steps that go into the development of an IEP 2) allowing parents to review the child’s records under FERPA, which is the Family Educational Rights and Privacy Act, 3) parents right to attend eligibility meetings, 4) right to a school evaluation 5) right to request placement meetings in addition to annual review, 6) right to an IEE 7) prior written notice for any change, denial of change, evaluations, and placement, 8) ability to file for due process complaint and access to resolution sessions, 9) right to counsel and how to appeal a hearing decision, and 10) right to maintain student in current educational placement if not agreed upon with the obligation of district to hold manifestation determination review. Of note, FERPA allows parents access to report cards, progress reports, IEPs, evaluations, state testing, incident reports, nurse visits, and any other documentation or emails. As you can see, these rights are crucial to your ability to advocate for your child and subsequently the outcome of their educational career. One meeting or letter can change so much about their experience.