NC 1501-1.2 Limitation - Exception to FAPE for Certain Ages

Plain English summary

This regulation defines specific circumstances under which the obligation to provide Free Appropriate Public Education (FAPE) does not apply, including certain age groups where state law conflicts, students aged 18-21 incarcerated in adult correctional facilities without prior IEP identification, and students who have graduated with a regular high school diploma. Key exceptions and their limitations are outlined, including that graduation with a regular diploma constitutes a change in placement requiring written prior notice. The State must ensure its exception-related information provided to the Secretary remains current and accurate.

Key requirements

• The obligation to make FAPE available to all children with disabilities does not apply with respect to children aged 3, 4, 5, 18, 19, 20, or 21, in a State to the extent that its application to those children would be inconsistent with State law or practice, or the order of any court, respecting the provision of public education to children of those ages.
• Children aged 18 through 21 are excepted from FAPE to the extent that State law does not require special education and related services under the IDEA be provided to students with disabilities who, in the last educational placement prior to their incarceration in an adult correctional facility, were not actually identified as being a child with a disability and did not have an IEP.
• The exception for incarcerated students does not apply to children with disabilities, aged 18 through 21, who had been identified as a child with a disability and had received services in accordance with an IEP, but who left school prior to their incarceration.
• The exception for incarcerated students does not apply to children who did not have an IEP in their last educational setting, but who had actually been identified as a child with a disability.
• Children with disabilities who have graduated from high school with a regular high school diploma are excepted from FAPE.
• The exception for graduation does not apply to children who have graduated from high school but have not been awarded a regular high school diploma.
• Graduation from high school with a regular high school diploma constitutes a change in placement, requiring written prior notice.
• A regular high school diploma means the standard high school diploma awarded to the preponderance of students in the State that is fully aligned with state standards, or a higher diploma, and shall not be aligned to the alternate academic achievement standards described in section 1111(b)(1)(E) of the ESEA.
• A regular high school diploma does not include a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential.
• The State must assure that the information it has provided to the Secretary regarding the exceptions in paragraph (a) of this section, as required by NC 1506-1.1, is current and accurate.

Affected parties

• Children with disabilities aged 3, 4, 5, 18, 19, 20, or 21
• Students with disabilities aged 18 through 21 incarcerated in adult correctional facilities
• Students with disabilities who have graduated with a regular high school diploma
• Local Education Agencies (LEAs)
• State Education Agency
• IEP teams

Official source

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