34 C.F.R. § 300.300 Provision of FAPE.
Title 34 - Education
(a) General. (1) Subject to paragraphs (b) and (c) of this section and §300.311, each State receiving assistance under this part shall ensure that FAPE is available to all children with disabilities, aged 3 through 21, residing in the State, including children with disabilities who have been suspended or expelled from school. (2) As a part of its obligation under paragraph (a)(1) of this section, each State must ensure that the requirements of §300.125 (to identify, locate, and evaluate all children with disabilities) are implemented by public agencies throughout the State. (3)(i) The services provided to the child under this part address all of the child's identified special education and related services needs described in paragraph (a) of this section. (ii) The services and placement needed by each child with a disability to receive FAPE must be based on the child's unique needs and not on the child's disability. (b) Exception for age ranges 3–5 and 18–21. This paragraph provides the rules for applying the requirements in paragraph (a) of this section to children with disabilities aged 3, 4, 5, 18, 19, 20, and 21 within the State: (1) If State law or a court order requires the State to provide education for children with disabilities in any disability category in any of these age groups, the State must make FAPE available to all children with disabilities of the same age who have that disability. (2) If a public agency provides education to nondisabled children in any of these age groups, it must make FAPE available to at least a proportionate number of children with disabilities of the same age. (3) If a public agency provides education to 50 percent or more of its children with disabilities in any disability category in any of these age groups, it must make FAPE available to all its children with disabilities of the same age who have that disability. This provision does not apply to children aged 3 through 5 for any fiscal year for which the State receives a grant under section 619(a)(1) of the Act. (4) If a public agency provides education to a child with a disability in any of these age groups, it must make FAPE available to that child and provide that child and his or her parents all of the rights under Part B of the Act and this part. (5) A State is not required to make FAPE available to a child with a disability in one of these age groups if— (i) State law expressly prohibits, or does not authorize, the expenditure of public funds to provide education to nondisabled children in that age group; or (ii) The requirement is inconsistent with a court order that governs the provision of free public education to children with disabilities in that State. (c) Children aged 3 through 21 on Indian reservations. With the exception of children identified in §300.715(b) and (c), the SEA shall ensure that all of the requirements of Part B of the Act are implemented for all children with disabilities aged 3 through 21 on reservations. (Authority: 20 U.S.C. 1412(a)(1), 1411(i)(1)(C), S. Rep. No. 94–168, p. 19 (1975))
Title 34: Education
PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES
Subpart C—Services
Free Appropriate Public Education
§ 300.300 Provision of FAPE.
