Free Appropriate Public Education, or FAPE, is an educational right of children with disabilities in the United Sates that is guaranteed by the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA). Under Section 504, FAPE is defined as "the provision of regular or special education and related aids and services that are designed to meet individual needs of handicapped persons as well as the needs of non-handicapped persons are met and based on adherence to proceduals safeguards outlined in the law." Under the IDEA, FAPE is defined as an educational program that is without charge and that is individualized to a specific child, designed to meet the childs's unique needs, provides access to the general curriculum, meets the grade-level standards established by the state, and from which the child receives educational benefits. The United States Department of Education issues regulations that define and govern the provisions of FAPE.
Under WV Policy 2419, Regulations for Education for Students with Disabilities, FAPE must be available to all students residing in the state between the ages of three and twenty-one, inclusive, who are eligible for special education services. FAPE is individually determined for each student. FAPE must include special education services in the least restrictive environment (LRE) and may include related services, transition services, supplementary aids and services, and/or assistive devices and services. Districts must also ensure that studetns have available to them the variety of education programs and services available to students without exceptionalities including art, music, industrial arts, consumer and homemaking education and vocational education.
Please see Policy 2419, Chapter 1 for specifics