FAPE is a civil right rooted in the Fourteenth Amendment of the United States Constitution, which includes the Equal Protection and Due Process clauses.
FAPE is defined in the Code of Federal Regulations (7 CFR 15b.22)[6] as "the provision of regular or special education and related aids and services that (i) are designed to meet individual needs of handicapped persons as adequately as the needs of nonhandicapped persons are met and (ii) are based on adherence to procedures that satisfy the requirements" specified for one's educational setting with regard to one's evaluation, placement, and procedural safeguards.
[7] In the U.S. Code, FAPE is defined as an educational program and related services that are individualized to a specific student and meet the standards established by the state, provided at public expense and without charge.
[14] The opinion asserted that education should be viewed as a continuous process, focused not only on academics, but also on teaching students how to manage their surroundings.
[citation needed] Similarly, in Mills v. Board of Education of District of Columbia,[16] a case decided the same year, a group of students labeled "mentally retarded, emotionally disturbed or hyperactive" by D.C. public schools filed a civil action suit against them after being denied admission without due process under Equal Protection Clause of the Fourteenth Amendment.
[17] The court condemned the school's decision and declared that all children in D.C., regardless of any physical, mental, or emotional disabilities, are entitled to a free and appropriate public education.
[26] The 2004 amendment, Public Law 108–446,[27] focused on providing transition services for individuals with disabilities moving on from their school.
"[27][28] In providing FAPE, Public Law 108-446 also clarified that states also need to set targets for their students to meet and failure to do so brings federal sanctions, such as loss of funds.
[30] Title III of the ADA also prohibits discrimination against students with disabilities in private schools that are considered public accommodations.
The United States Supreme Court eventually unanimously ruled on the rights of students with disabilities to FAPE in Endrew F. v. Douglas County School District.
In light of the student's circumstances, schools must offer individualized educational programming that enable "appropriate progress.
"[33][35] The Department of Education came out with a question and answer document of nine pages addressing the high court's ruling in Endrew.
"[32] These procedures enable parents of a disabled child to examine school records, participate in meetings, and present complaints.
"[42] However, the IDEA guarantees only a basic floor of opportunity, consisting of specialized instruction and related services that provide educational benefit to individual students.
[33] In light of the student's circumstances, schools must offer individualized educational programming that enable "appropriate progress.
[46] However, in situations that are less black and white (as is often the case for students with disabilities), courts have struggled with the question of how much progress is sufficient; the standards remain vague.