In the 2019 fiscal year, the US Department of Education reported that there were 3,300+ allegations of denial of FAPE sent to the Office for Civil Rights, with 600+ of those complaints resolved with change. 

Failure to Provide FAPE

Defined by the Department of Education in accordance with section 504, all appropriate programs must provide any services/resources and education free of cost. 

Michigan State University

First regulation to establish and implement necessary resources and services for people with disabilities in education with the intent to provide an equitable education 20 U.S.C § 1412(1) (2018). 

Free Appropriate Public Education (FAPE)

34 C.F.R. Part 104. (n.d.). Retrieved from https://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html

Part 104 of Title 32

Free Education

FAPE was created by IDEA but it is also a large part of The Rehabilitation Act as Section 504 declares all federal agencies receiving funds are required to follow any law enacted by the federal  government. Additionally, the U.S. Code of Federal Regulations also requires each title to implement and follow additional regulations specific to their area in accordance with all public laws. This means because United States Title 34 executes supplementary laws relevant to their title and are federally funded, they are allowed to establish their own guidelines for FAPE according to Section 504. 

The reason the Rehabilitation Act of 1973 must follow FAPE from IDEA

To meet the standards of an appropriate education as defined by the Department of Education and section 504, all education services must provide for the needs of a student with disability as equally as the needs met for student without disability, have ability for each student with a disability to have maximum opportunity to learn/interact with students without disability, implement proper evaluation and procedures to protect students with disability, and they must properly collaborate with parents/guardians. 

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