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In this paper proposal we examine how the Individuals with Disabilities Education Act (IDEA), a significant federal legislation affecting schools, can be reframed to change the racialized and inequitable conditions of schooling and special education practices, rather than reproduce them. Using critical discourse analysis we examine how a key concept and cornerstone of IDEA, that of a Free Appropriate Public Education (FAPE), relates to equity and justice in education. We argue that the discourse associated with the FAPE requirements of the IDEA reflects ableism, promotes racialized inequities, and establishes a lower standard of educational opportunity for Black, Indigenous and Youth of Color students with dis/abilities. We conclude with a discussion about the equity implications of the FAPE discourse.