Available Resources vs. FAPE

The Individuals with Disabilities Education Act (IDEA) requires school districts to meet the needs of students with disabilities without regard to the cost. The law refers to this as a Free Appropriate Public Education or FAPE.

The FAPE mandate is at constant odds with the reality of limited school district budgets.

Oftentimes, districts tell parents the proposed IEP meets the student’s needs, but the parents suspect the services and placement offered in the IEP are simply a reflection of the programs and services available in the district.

A 2015 BSEA decision by Hearing Officer Lindsay Byrne, In RE: Jolene and the Natick Public Schools, BSEA # 1400521, confirms that this suspicion is often a reality. The Hearing Officer finds that the District violated the law when they offered “what [programming] was available rather than thoughtfully considering and planning for [the Student’s] individual learning needs.”

When a student requires a placement or service that is not currently available in district, the district is responsible for identifying and funding that placement or service. If the district refuses to comply with the law, parents often choose to hire a special education attorney or advocate to help them secure appropriate placement and service for their child, whether in-district or out-of-district. If you are concerned about your child's IEP, contact the Boston area law offices of Wong & Boscarine. today. We represent students throughout Massachusetts.