A student has been referred for initial evaluation for special education services, but the evaluation is scheduled for the following fall. What does this imply about the student's right to FAPE?

• A. This student is being denied FAPE, and the school district may be subject to legal consequences.
• B. This student is not being denied FAPE, but the parents have the right to request an IEP review.
• C. This student is not being denied FAPE, but the school is making a poor decision.
• D. This student is being denied FAPE, but the school district is not legally responsible in this case.

Answer: (A)

The correct choice highlights that the student is being denied FAPE, which stands for Free Appropriate Public Education. Under the Individuals with Disabilities Education Act (IDEA), students who are eligible for special education services must be evaluated in a timely manner so they can receive the appropriate support.

When a student has been referred for initial evaluation but is scheduled to undergo that evaluation several months later, it suggests a significant delay in the process. This delay can potentially hinder the student's access to the specialized instruction and services they need during that waiting period. The right to FAPE is not just about having access to education; it’s about having timely access to the necessary supports and services to ensure educational success.

Therefore, because the evaluation is postponed until the fall, which may prevent the student from receiving the timely services they could benefit from, it implies a denial of FAPE. Consequently, the school district may face legal challenges due to non-compliance with the mandates set forth in IDEA, which ensures that students with disabilities are provided with immediate and appropriate educational services.