Determination of FAPE and Compensatory Services

What's Required

34 CFR § 300.101 Free Appropriate Public Education (FAPE).

(a) General. A free appropriate public education must be available to all children residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school, as provided for in 34 CFR §300.530(d).

(b) FAPE for children beginning at age 3.

(1) Each State must ensure that—

(i) The obligation to make FAPE available to each eligible child residing in the State begins no later than the child’s third birthday; and

(ii) An IEP or an IFSP is in effect for the child by that date, in accordance with 34 CFR § 300.323(b).

(2) If a child’s third birthday occurs during the summer, the child’s IEP Team shall determine the date when services under the IEP or IFSP will begin.

(c) Children advancing from grade to grade.


(1) Each State must ensure that FAPE is available to any individual child with a disability who needs special education and related services, even though the child has not failed or been retained in a course or grade and is advancing from grade to grade.

(2) The determination that a child described in paragraph (a) of this section is eligible under this part, must be made on an individual basis by the group responsible within the child’s LEA for making eligibility determinations.

(Authority: 20 U.S.C. 1412(a)(1)(A))


19 TAC§ 89.1150 General Provisions.

(a)  It is the policy and intent of the Texas Education Agency (TEA) to encourage and support the resolution of any dispute that arises between a parent and a public education agency relating to the identification, evaluation, or educational placement of or the provision of a free appropriate public education (FAPE) to a student with a disability at the lowest level possible and in a prompt, efficient, and effective manner.

(b)  The possible options for resolving disputes include but are not limited to areas defined in the subsection of this code.


What We Do


When IEP services have not been provided, the school district will consider FAPE and the need for compensatory services. The provider will continue to document services that have been provided. Each parent will receive a letter/email outlining the district's inability to provide the service and offer an ARD meeting to review. Compensatory services must be addressed in the students’s IEP.


  • If the concern continues, the school should consider making an offer of compensatory services to the student/parent.
  • Any offer should be made in writing (document in ARD/IEP meeting).
  • Even if agreement cannot be reached on the amount of compensatory services, the school will document the proposed offer of services in the Prior Written Notice. 
  • The Special Education Director and Director of Instruction may be consulted if assistance is needed.