Understanding Substantive FAPE

FAPE should be seen as an umbrella term, with many compartments. In previous posts, I explained the components - specialized instruction, related supports and related services. Secondly, I explained procedural FAPE, or the processes and procedures that make FAPE possible. In this and a few future posts, I’m going to cover substantive FAPE. 

When we aren’t sure that our child is learning, or we believe the education offered is not meeting our child’s needs, we have questions about substantive FAPE. Substantive FAPE refers to the quality and extent of educational services that must be provided to students with disabilities to meet their unique needs.

Under IDEA, the provision of a substantive FAPE is determined by specific standards and criteria that aim to provide an education that is appropriate and enables the child to make meaningful progress academically and functionally. These standards and criteria take into consideration the individualized needs and goals outlined in the student's Individualized Education Program (IEP).

Substantive FAPE goes beyond providing access to educational opportunities. It requires schools to provide specialized instruction and related services that are tailored to address the unique needs of each student. Specialized instruction may include individualized teaching methods, accommodations, modifications, or assistive technology, while related services encompass a range of supportive services such as speech therapy, occupational therapy, or counseling. If these are not written into the IEP, then that is a substantive FAPE issue. If these have been written into the IEP, but not provided to the child, then that is another example of a substantive FAPE issue.

It is important to note that substantive FAPE is not a one-size-fits-all approach. The determination of whether a child's educational program is providing a substantive FAPE is based on an individualized assessment, taking into account the child's present levels of academic achievement and functional performance, as well as their specific disabilities and needs.