Which letter in FAPE is most litigated?

The letter "A" in FAPE, which stands for "Appropriate," is the most litigated aspect of the concept. This occurs because determining what constitutes an "appropriate" education for a child with disabilities can be subjective and varies significantly from case to case. The Individuals with Disabilities Education Act (IDEA) mandates that students with disabilities receive an education that is tailored to their individual needs, taking into account their unique circumstances, abilities, and goals.

Disputes often arise over what is considered appropriate, leading to legal challenges when parents, schools, or districts have differing opinions on the educational services being provided. Factors such as the adequacy of the services, the implementation of the Individualized Education Program (IEP), and the effectiveness of the educational strategies used can all play a role in these disputes. The complexity around defining and interpreting "appropriate" education necessitates ongoing legal clarification and can lead to significant litigation.

The other components of FAPE—Free, Public, and Education—are important in their own right but are less frequently the central issues in legal disputes compared to the question of what is deemed "appropriate" for the individual student.