What legislation initiated Free Appropriate Public Education (FAPE)?

• A. Education for All Handicapped Children Act
• B. American with Disabilities Act
• C. Individuals with Disabilities Education Act
• D. Section 504 of the Rehabilitation Act

Answer: (D)

The correct choice is related to significant legislative milestones in special education, with the initiation of Free Appropriate Public Education (FAPE) being influenced by the Rehabilitation Act’s Section 504.

Section 504 of the Rehabilitation Act of 1973 was pivotal because it was one of the first federal laws in the United States to protect the rights of individuals with disabilities. This legislation requires that any program or activity receiving federal financial assistance cannot discriminate against individuals based on their disability. It laid the groundwork for local educational agencies to ensure students with disabilities receive appropriate education, essentially establishing the principle of FAPE for the first time in federal law.

While the Education for All Handicapped Children Act, later known as the Individuals with Disabilities Education Act (IDEA), expanded upon FAPE and established clearer parameters for what constitutes an appropriate education, it was Section 504 that first introduced the concept within the context of educational access.

In contrast, the Americans with Disabilities Act (ADA) further extended protections against discrimination based on disability but came after these earlier acts and primarily emphasizes accessibility and rights in broader public contexts. Similarly, although the Individuals with Disabilities Education Act is crucial for defining and enforcing FAPE, it built upon the foundation that Section 504 established.