§ 300.102 Limitation—exception to FAPE for certain ages.

Plain English summary

This section establishes specific exceptions to the general obligation to provide FAPE to all children with disabilities. States are not required to provide FAPE to certain age groups where doing so would conflict with state law or court orders, to incarcerated adults aged 18-21 who were never identified or had an IEP, or to students who have graduated with a regular high school diploma. Children who receive early intervention services under Part C are also excepted.

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 to the extent that State law does not require special education and related services be provided to students 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 under § 300.8 and did not have an IEP under Part B of the Act.
• The incarceration exception does not apply to children with disabilities aged 18 through 21 who had been identified as a child with a disability under § 300.8 and had received services in accordance with an IEP but who left school prior to their incarceration, or who did not have an IEP in their last educational setting but who had actually been identified as a child with a disability under § 300.8.
• Children with disabilities who have graduated from high school with a regular high school diploma are excepted from FAPE obligations.
• The graduation exception 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 in accordance with § 300.503.
• 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, except that a regular high school diploma 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.
• Children with disabilities who are eligible under subpart H of this part but who receive early intervention services under Part C of the Act are excepted from FAPE obligations.
• 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 § 300.700, is current and accurate.

Affected parties

• State Educational Agencies (SEAs)
• Local Educational Agencies (LEAs)
• Children with disabilities aged 3, 4, 5, 18, 19, 20, and 21
• Children with disabilities incarcerated in adult correctional facilities
• Children with disabilities who have graduated with a regular high school diploma
• Children eligible under Part C early intervention services
• Parents of children with disabilities
• U.S. Secretary of Education

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.102