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Disability Discrimination: Providing a Free Appropriate Public Education (FAPE)

Students with disabilities have the same right to K-12 public education that students without disabilities have. In order to receive and benefit from that education, students with disabilities may need special education and/or related aids and services. OCR works to ensure that public elementary and secondary schools, including charter schools, provide a free appropriate public education (FAPE) to all qualified students with disabilities (generally, students with disabilities who are of school age), regardless of the nature or severity of their disabilities. Section 504 and Title II require public schools to provide appropriate education and modifications, aids and related services free of charge to students with disabilities and their parents or guardians. The “appropriate” component means that this education must be designed to meet the individual educational needs of the student as determined through appropriate evaluation and placement procedures. However, students with disabilities must be educated with students without disabilities to the maximum extent appropriate.


Policy Guidance

No documents currently available; OCR may include relevant documents on this page in the future.

Please see our Reading Room for a full list of guidance documents on issues related to Disability Discrimination.

Case Resolutions

  • Bay Village City School District (OH) (15-14-1207)
    • Read the Resolution Letter PDF (173K)
    • Read the Resolution Agreement PDF (214K)
  • Tacoma School District No. 10 (WA) (10-13-1136)
    • Read the Resolution Letter PDF (218K)
    • Read the Resolution Agreement PDF (293K)
  • More Case Resolutions

Publications

  • Equal Access to Elementary and Secondary Education for Students Who Are English Learners with Disabilities  PDF (236K)
  • Free Appropriate Public Education (FAPE) PDF (4MB)
Office for Civil Rights (OCR)
Page Last Reviewed:
January 14, 2025