§ 300.103 FAPE—methods and payments.

Plain English summary

This section governs the methods and payment sources States may use to fulfill FAPE obligations. It clarifies that insurers and third parties retain their independent payment obligations, and critically requires that IEP implementation must not be delayed while payment sources are being determined.

Key requirements

• Each State may use whatever State, local, Federal, and private sources of support that are available in the State to meet the requirements of this part.
• Nothing in this part relieves an insurer or similar third party from an otherwise valid obligation to provide or to pay for services provided to a child with a disability.
• Consistent with § 300.323(c), the State must ensure that there is no delay in implementing a child's IEP, including any case in which the payment source for providing or paying for special education and related services to the child is being determined.

Affected parties

• State educational agencies (SEAs)
• Local educational agencies (LEAs)
• Children with disabilities
• Parents of children with disabilities
• Insurers and third-party payers
• Residential facilities

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.103