§ 300.101 Free appropriate public education (FAPE).

Plain English summary

This section establishes the requirement that a free appropriate public education (FAPE) must be available to all children with disabilities in the State between ages 3 and 21, including those suspended or expelled. States must ensure FAPE obligations begin no later than a child's third birthday, with an IEP or IFSP in place by that date. FAPE must also be available to children advancing from grade to grade who need special education, even without academic failure, with eligibility determined on an individual basis by the LEA.

Key requirements

• A free appropriate public education must be available to all children residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school
• The obligation to make FAPE available to each eligible child residing in the State 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 § 300.323(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 State 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 under this part, must be made on an individual basis by the group responsible within the child's LEA for making eligibility determinations

Affected parties

• State educational agencies
• Local educational agencies (LEAs)
• Children with disabilities ages 3-21
• IEP Teams
• Parents of children with disabilities
• Children suspended or expelled from school

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.101