34 C.F.R. § 300.122 Exception to FAPE for certain ages.
Title 34 - Education
(a) General. The obligation to make FAPE available to all children with disabilities does not apply with respect to the following: (1) 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 in one or more of those age groups. (2)(i) Students aged 18 through 21 to the extent that State law does not require that special education and related services under Part B of the Act be provided to students with disabilities who, in the last educational placement prior to their incarceration in an adult correctional facility— (A) Were not actually identified as being a child with a disability under §300.7; and (B) Did not have an IEP under Part B of the Act. (ii) The exception in paragraph (a)(2)(i) of this section does not apply to students with disabilities, aged 18 through 21, who— (A) Had been identified as a child with disability and had received services in accordance with an IEP, but who left school prior to their incarceration; or (B) Did not have an IEP in their last educational setting, but who had actually been identified as a “child with a disability” under §300.7. (3)(i) Students with disabilities who have graduated from high school with a regular high school diploma. (ii) The exception in paragraph (a)(3)(i) of this section does not apply to students who have graduated but have not been awarded a regular high school diploma. (iii) Graduation from high school with a regular diploma constitutes a change in placement, requiring written prior notice in accordance with §300.503. (b) Documents relating to exceptions. The State must have on file with the Secretary— (1)(i) Information that describes in detail the extent to which the exception in paragraph (a)(1) of this section applies to the State; and (ii) A copy of each State law, court order, and other documents that provide a basis for the exception; and (2) With respect to paragraph (a)(2) of this section, a copy of the State law that excludes from services under Part B of the Act certain students who are incarcerated in an adult correctional facility. (Authority: 20 U.S.C. 1412(a)(1)(B))
Title 34: Education
PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES
Subpart B—State and Local Eligibility
State Eligibility—Specific Conditions
§ 300.122 Exception to FAPE for certain ages.
