The federal statute governing special education, the Individuals with Disabilities Education Act (IDEA), the federal regulations implementing the IDEA, and the governing New Jersey regulations, mandate that all disabled children between the ages of 3 and 21 who reside in New Jersey have available a “free appropriate public education”, or FAPE.

The term FAPE includes “special education” and “related services” that:

1. have been provided at public expense, under public supervision and direction, and without charge;
2. meet the standards of New Jersey’s Department of Education;
3. include an appropriate preschool, elementary, or secondary school education; and,
4. are provided in conformity with the Individualized Education Program (IEP) required under the IDEA.

“Special education” refers to an educational program that is individually designed to meet the child’s unique educational needs, and that prepares the child for further education, employment and independent living. Special education encompasses a wide range of programs, instructional strategies and educational interventions.

In addition to special education, a FAPE includes “related services”, which are developmental, corrective, and supportive, or are services which are otherwise needed to help a child benefit from the IEP developed through the special education program. For example, “related services” can include transportation to and from school, physical, occupational or speech therapy, counseling services, parent training or one-on-one nursing services. Families may not be charged for necessary “related services” for which the child is eligible, whether the school district or a private source provides the services.