What is FAPE? The right your child's school is legally required to honor.

The word that changes everything: "appropriate"

Schools sometimes act like any placement with a certified teacher counts. The Supreme Court disagreed — unanimously. In Endrew F. (2017), the Court held that an IEP must be "reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances." Trivial progress, repeating the same goals year after year, "he's passing so he's fine" — none of that meets the standard.

One honest caveat: FAPE guarantees an appropriate education, not the best one money can buy. But "appropriate" now has teeth — the school must aim for real, measurable progress for your child, not a generic child.

Signs your child may be denied FAPE

• Services written in the IEP aren't actually being delivered — fewer minutes, missed sessions, "the therapist left and we haven't replaced her."
• Goals are copied and pasted from last year, or your child makes little to no measurable progress and the plan never changes.
• The school changed placement, reduced services, or moved your child to a different classroom without prior written notice to you (34 CFR § 300.503).
• You're told your child "doesn't qualify" for services the evaluation data supports — or the school refuses to evaluate at all (Child Find, 34 CFR § 300.111).
• Decisions are announced as final before the IEP meeting even happens — your input treated as a formality.

What to do about it — three moves that put you on the record

1. Put everything in writing. Every promise, every missed session, every conversation — email beats phone calls, because paper is power. If services were missed, note dates and minutes: your child may be owed compensatory education (make-up services).
2. Request an IEP meeting in writing and state your specific concerns. The school must respond, and your letter starts a legal paper trail that protects your child.
3. Know your escalation path. If the meeting doesn't fix it: mediation, a state complaint (34 CFR §§ 300.151–300.153), or a due process hearing (34 CFR § 300.507). During most disputes, "stay put" protects your child's current services (34 CFR § 300.518).

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