Chapter 1: Free Appropriate Public Education (FAPE)

(34 CFR Section 300.17) (34 CFR Section 300.101)

As noted in the definitions section, the Individuals with Disabilities Education Act (IDEA) is a federal law that makes FAPE available to eligible children with disabilities throughout the United States and ensures special education and related services to those children. The IDEA governs how states and public agencies provide early intervention, special education, and related services to eligible infants, toddlers, children, and youth with disabilities. Infants and toddlers, birth through age 2, with disabilities and their families receive services under the IDEA Part C. In Connecticut, eligible children and youth ages 3 through the end of the school year during which the student turns 22 receive special education and related services under the IDEA Part B.⁵

Pursuant to the IDEA, as well as applicable state statutes and implementing regulations, the District will ensure that FAPE is made available to students age 3 through the end of the school year during which the student turns age 22 and who reside in the District. The IDEA defines FAPE as special education and related services that:

1. Are provided at public expense, under public supervision and direction, and without charge;
2. Provided in conformity with an individualized education program (IEP);
3. Meet the standards of the Connecticut State Department of Education (CSDE) and the requirements of IDEA; and
4. Include an appropriate preschool, elementary, or secondary school education that meets the education standards in Connecticut.

Case law has further developed the definition of FAPE. The United State Supreme Court has opined that a school district must offer an IEP that is specially designed and reasonably calculated to enable the student to make progress that is more than de minimis and is provided in light of the student’s circumstances.⁵

Entitlement to FAPE

Any eligible student who exits the public school as a result of either completing school with other credentials (i.e., student has received a certificate of completion or attendance; student did not graduate with a regular high school diploma), discontinuing schooling, transferring to a GED program, or moving/not known to be continuing, still has an entitlement to FAPE. These students may be re-admitted to public school and maintain eligibility for receipt of special education and related services up through the end of the school year during which the student turns age 22, or until the student graduates with a regular high school diploma, whichever occurs first.

5. Pursuant to CGS §10-259, the school year is defined as July 1 through June 30.