Tips to Equip: What is Clear Offer of FAPE & Consent?

Procedural Rights- Clear Offer of FAPE & Consent

Procedural rights are the protections surrounding the IEP planning process. A clear offer of FAPE & consent are two of those procedural protections.

Clear offer of FAPE

When the IEP is written, the IEP has to be clear and understandable. We often talk about the example of if a stranger picks up the IEP, they must be able to understand what the IEP is offering to the student. 

 The clear offer of FAPE relates to the parent’s participation in the process. The parent must understand the offer in the IEP before they are able to consent to it. If they don’t understand what’s being offered, practically speaking, they can’t give consent.  

Consent to the IEP

 A parent has a right to consent to an IEP.  In California, that IEP can’t be implemented unless the parent consents to it. 

 So, if the parent does not consent to the IEP offer, then the old IEP is the governing document until there is parental consent.  

 A parent may also consent to parts of the IEP. In California, if there is such partial consent, only those parts of the IEP in which the parent consents can be implemented.