Supreme Court Clarifies Free Appropriate Public Education

Supreme Court Clarifies Free Appropriate Public Education

 On Wednesday, March 22, 2107, the special needs community was able to breathe a collective sigh of relief.  The U.S. Supreme Court issued a unanimous decision that upholds and clarifies the right to free appropriate public education (F.A.P.E.) for all citizens.  The challenge came from a family that had been told by the Tenth Circuit Court of Appeals in Denver, Colorado that their school district need only meet a “merely more than de minimus” test in order to have met the F.A.P.E. standard.  The U.S. Supreme Court clarified that the standard is more than what the Tenth Circuit approved. The U.S. Supreme Court ruled that the F.A.P.E. standard is a fact-intensive exercise that is spe ...