NC 1501-1.1 Free Appropriate Public Education (FAPE)

Plain English summary

This regulation establishes that a free appropriate public education (FAPE) must be available to all children with disabilities in North Carolina from age three through the end of the school year in which they turn 22. It specifies obligations for LEAs regarding IEP or IFSP implementation by a child's third birthday, continuity of FAPE for children advancing grade to grade, and coverage for children suspended, expelled, or incarcerated in local jail. Eligibility determinations must be made on an individual basis by the IEP Team.

Key requirements

• A free appropriate public education must be available to all children residing in the State between the ages of three through 21, including children with disabilities who have been suspended or expelled from school.
• Any child with a disability who requires special education and related services and who has not graduated from high school is eligible to continue to receive a free appropriate public education until the end of the school year in which that child reaches the age of 22.
• The obligation to make FAPE available to each eligible child residing in the LEA begins no later than the child's third birthday.
• An IEP or an IFSP is in effect for the child by that date, in accordance with NC 1503-4.4(b).
• If a child's third birthday occurs during the summer, the child's IEP Team shall determine the date when services under the IEP or IFSP will begin.
• Each LEA must ensure that FAPE is available to any individual child with a disability who needs special education and related services, even though the child has not failed or been retained in a course or grade and is advancing from grade to grade.
• The determination that a child described in paragraph (a) of this section is eligible, must be made on an individual basis by the IEP Team.
• Each LEA must ensure that FAPE is available to students with disabilities incarcerated in local jail who were eligible prior to their incarceration.

Affected parties

• Children with disabilities ages 3 through 21
• Local Education Agencies (LEAs)
• IEP Teams
• Children with disabilities who have been suspended or expelled
• Children with disabilities incarcerated in local jail
• Children with disabilities advancing from grade to grade
• Children whose third birthday occurs during summer

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=23