FAPE Disputes: Legal Action When Schools Fail to Deliver

Every child with a disability in New Jersey has a federally protected right to a Free Appropriate Public Education (FAPE). This means more than just a seat in a classroom — it means an education tailored to the child’s unique needs, with the services and supports required for meaningful progress.

When a public school district falls short — by denying services, refusing evaluations, or providing an ineffective IEP — parents have legal options. At Ratliff Jackson LLP, we represent families across New Jersey in FAPE denial cases, holding schools accountable under IDEA, Section 504, and New Jersey special education law.

What Does “FAPE” Really Mean Under the Law?

FAPE is more than a legal phrase — it’s the foundation of special education rights. Defined under 20 U.S.C. § 1401(9) of the IDEA, FAPE requires that eligible students receive:

• Special education and related services
• At public expense, under public supervision
• In accordance with an Individualized Education Program (IEP)
• Designed to confer meaningful educational benefit

Under New Jersey regulations (N.J.A.C. 6A:14), FAPE must be delivered in the least restrictive environment (LRE) and tailored to address each child’s present levels of performance, goals, and specific needs.

If your child is not making progress, regressing, or being pushed into inappropriate placements — FAPE is likely being denied.

Common FAPE Violations in NJ School Districts

FAPE disputes can stem from many forms of school failure, including:

• Inadequate or outdated IEPs
• Failure to implement required services or supports
• Missing related services (speech, OT, counseling, transportation)
• Inappropriate placement far from LRE
• Use of disciplinary removals instead of support
• Refusal to provide extended school year (ESY) services
• Failure to respond to known bullying or school avoidance

We also handle constructive FAPE denials — where a child is nominally “in school,” but receiving no real benefit due to an ineffective or neglected IEP.

Legal Remedies for Denial of FAPE

Parents have powerful legal options when FAPE is denied. Depending on the facts of your case, we may pursue:

• Compensatory education: Services or hours to make up for lost instruction
• Private school placement at district expense (under Burlington/Carter standards)
• Revised IEPs or new evaluations
• Out-of-district placement for therapeutic or specialized instruction
• Due process hearings through the NJ Office of Administrative Law
• Civil rights claims under Section 504 or ADA

We also assist families with settlement negotiations, IEP meeting representation, and mediation — and litigate when the district refuses to meet its obligations.

How We Handle FAPE Disputes at Ratliff Jackson LLP

FAPE disputes are fact-intensive. We build strong cases by:

• Reviewing IEPs, evaluations, teacher reports, and progress data
• Retaining private evaluators to establish educational need
• Documenting regression, missed services, or lack of progress
• Preparing persuasive legal briefs and evidence packages
• Calling expert witnesses to testify at hearings or mediation
• Advocating for relief that actually helps your child — not just technical fixes

We don’t accept generic IEPs, empty promises, or stalled timelines. We hold school districts to the legal standards they are required to meet.

Frequently Asked Questions: FAPE Rights in New Jersey

How do I know if my child is being denied FAPE?

If your child has an IEP but is not making measurable progress — or is regressing — it may be a sign the program is inappropriate. Other red flags include missing services, excessive discipline, or lack of implementation.

Can I remove my child from public school and get tuition covered?

Yes — but only if you follow legal procedures. You must give the district written notice and prove that their program was inappropriate and your chosen private placement is appropriate (see Florence County Sch. Dist. Four v. Carter). We guide families through this process.

What’s the deadline to file a FAPE dispute?

IDEA has a two-year statute of limitations for due process complaints. However, for ongoing or repeated violations, we can often argue for compensatory relief covering a broader timeline.

Does FAPE apply to Section 504 plans too?

Yes — but the enforcement and remedies differ. Section 504 requires schools to provide accommodations that offer equal access. If they don’t, a FAPE violation may also arise under 504 or the ADA.

What can I do if the district blames my child instead of offering support?

Schools often shift blame to behavior or motivation instead of recognizing unmet educational needs. We help redirect the focus to appropriate supports and legal compliance — not student blame.

If the School Isn’t Helping, We Will.

When schools ignore your child’s needs, delay services, or offer generic support that gets them nowhere, it’s not just bad policy — it’s a FAPE violation. At Ratliff Jackson LLP, we work with families to build and win strong legal cases that secure what your child is legally entitled to: meaningful education, not bare minimum compliance.

Call 856-209-3111 or contact us online to schedule a consultation. We’ll review your child’s IEP and education records and explain how to take legal action that gets real results.