Who is entitled to FAPE?
All qualified persons with disabilities within the jurisdiction
of a school district are entitled to a free appropriate public
education. The ED Section 504 regulation defines a person with a
disability as any person who (i) has a physical or mental
impairment which substantially limits one or more major life
activities, (ii) has a record of such an impairment, or (iii) is
regarded as having such an impairment.[3]
For elementary and secondary education programs, a qualified
person with a disability is a person with a disability who is:
- of an age during which it is mandatory under state law to
provide such services to persons with disabilities;
- of an age during which persons without disabilities are
provided such services; or
- a person for whom a state is required to provide a free
appropriate public education under the Individuals with
Disabilities Education Act (IDEA). (IDEA is discussed later in the
pamphlet.)
In general, all school age children who have disabilities are
entitled to FAPE.