Free Appropriate Public Education in Maryland: What FAPE Actually Requires

Every Maryland parent of a child with a disability hears the phrase "Free Appropriate Public Education" early and often. The school uses it to justify its decisions. Advocates use it as the standard they're holding the school to. But what does FAPE actually mean in Maryland — and what does it require a school to provide?

The answer matters more than most parents realize, because Maryland's implementation of FAPE goes beyond what federal law alone demands.

The Federal Baseline: What IDEA Requires

FAPE is defined under IDEA as special education and related services that:

• Are provided at public expense and without charge to the parent
• Meet the standards of the state education agency
• Include an appropriate preschool, elementary, or secondary school education
• Are provided in conformity with an Individualized Education Program

The "appropriate" standard is where almost every FAPE dispute lives. For years, "appropriate" was interpreted narrowly by many courts — requiring schools to provide only a "basic floor of opportunity," not an optimal education. That changed with the Supreme Court's 2017 decision in Endrew F. v. Douglas County School District, which Maryland courts now apply.

The Endrew F. Standard: Meaningful Progress

In Endrew F., the Supreme Court held that to provide FAPE, an IEP must be "reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances." The Court explicitly rejected the "merely more than de minimis" standard that had been used in some lower courts and replaced it with a requirement for meaningful, ambitious progress.

For Maryland families, this is significant. An IEP that produces only minimal progress, or that sets goals so low they are met with minimal effort, is no longer defensible as FAPE under the standard Maryland's Office of Administrative Hearings and courts apply.

Research from the University of Baltimore School of Law found that following Endrew F., parent success rates at Maryland due process hearings rose from approximately 11% to roughly 19% — a meaningful increase attributable in part to the higher substantive standard now required. That statistic also tells you something about how often Maryland parents needed a stronger standard: the pre-Endrew F. standard was allowing deeply inadequate IEPs to pass legal muster.

What FAPE Means in the Maryland Regulatory Framework

Maryland implements FAPE through COMAR 13A.05.01, which operationalizes IDEA with several state-specific additions. Key FAPE-related requirements under COMAR include:

IEP goals must be measurable and tied to the present level of performance. Vague goals do not satisfy FAPE. Under COMAR 13A.05.01.09, IEP goals must include measurable annual goals, with objective criteria, the method for evaluating progress, and the timeline for reporting progress to parents.

Services must be based on peer-reviewed research. Where practicable, Maryland IEPs must include services and supports based on peer-reviewed research to the extent practicable. This requirement gives parents the basis to challenge instructional approaches that lack an evidence base.

The home cannot be used as an instructional setting for disciplinary removals. COMAR 13A.05.01.10 prohibits substituting home instruction for school-based services when a student has been removed for disciplinary reasons. This is a FAPE protection — it prevents schools from using home instruction as a budget-friendly warehouse for students with complex behavioral needs.

Related services are part of FAPE. Speech-language therapy, occupational therapy, physical therapy, counseling, and other related services are required when necessary for the child to benefit from special education. A school that denies or limits these services based on staffing costs or convenience is potentially denying FAPE.

Extended School Year services are part of FAPE. When regression over summer breaks would substantially impede the student's overall educational progress, ESY must be provided. Denying ESY without applying the correct regression-recoupment standard is a FAPE violation.

What "Free" Means

The "free" component of FAPE is often overlooked but matters in practice. Parents cannot be charged for:

• Special education services required by the IEP
• Evaluation and reevaluation costs
• Related services written into the IEP
• Transportation to and from school or services required by placement

If a Maryland school district is asking you to pay copays or fees for services specified in your child's IEP, that is a FAPE violation. Private insurance cannot be used to pay for IEP services without written parental consent, and even with consent, schools cannot reduce the services they provide based on insurance reimbursement.

Where FAPE Gets Violated in Maryland

Based on complaint data and parent reports, the most common FAPE violations Maryland families encounter:

Inadequate or vague IEP goals. Goals that do not specify baselines, measurable targets, or assessment criteria. After Endrew F., goals that merely maintain current performance rather than enable meaningful progress are legally insufficient.

Staffing failures that prevent service delivery. When a district cannot fill a speech therapist position and your child misses weeks of sessions, those missed sessions are a FAPE denial. You are entitled to compensatory education to make up the lost services.

Placement in a program that doesn't address the disability. Placing a student with significant dyslexia in a general resource room without structured literacy instruction is denying FAPE. Placing a student with severe emotional dysregulation in a setting without behavioral supports is denying FAPE.

Failure to implement the IEP as written. FAPE is not just about what the IEP says — it is about what actually happens. A beautifully written IEP that sits in a file while the student receives generic support is a FAPE denial.

Improper denial of related services. Denying occupational therapy because "we don't have OT openings" or reducing speech therapy hours for budget reasons without IEP team agreement is a FAPE violation.

Using FAPE as Your Advocacy Standard

The FAPE standard is your north star in every IEP dispute. When you are evaluating whether to push back on a proposed IEP, the question is not: "Is this the best possible education for my child?" The question is: "Is this IEP reasonably calculated to enable my child to make meaningful progress?"

If the answer is no — because goals are too low, services are insufficient, or the placement cannot address your child's disability — you have a FAPE argument. Document your concerns in writing. Request Prior Written Notice for any decision you disagree with. File an MSDE State Complaint for procedural violations (missed timelines, failure to implement services). Reserve due process for substantive disputes where you have strong independent evidence.

Understanding FAPE as both a right and a legal standard transforms how you engage with the district. You are not asking for a favor — you are holding them to a legal obligation.

For specific scripts, COMAR citations, and a dispute resolution strategy tailored to Maryland's unique legal landscape, the Maryland IEP & 504 Advocacy Playbook provides the practical tools to turn FAPE from a buzzword into leverage.

See more United States guides →