Section 226.50 Requirements for a Free Appropriate Public Education (FAPE)

Section 226

Section 226.50  Requirements

for a Free Appropriate Public Education (FAPE)

A "free appropriate public

education ("FAPE")" as defined at 34 CFR 300.17, must be made

available by school districts to children with disabilities in accordance with

34 CFR 300.101 through 300.103, unless otherwise specified in this Section.

a)         Transfer Students

Provision of FAPE to students who

transfer into a local school district shall be made in accordance with the

requirements of 20 U.S.C. 1414(d)(2)(C).  The additional requirements of this

subsection (a) shall also apply.

1)         In the case of an eligible student transferring into a

district from another district within Illinois, when the new district obtains a

copy of the student's IEP before or at the time the child is presented for

enrollment:

A)        The district may adopt the IEP of the former local school

district without an IEP meeting if:

i)          the parents indicate, either orally or in writing,

satisfaction with the current IEP; and

ii)         the new district determines that the current IEP is

appropriate and can be implemented as written.

B)        If the district does not adopt the former IEP and seeks to

develop a new IEP for the child, within ten days after the date of the child's

enrollment the district must provide written notice to the parent, including

the proposed date of the IEP meeting, in conformance with Section 226.530.

While the new IEP is under development, the district shall implement services

comparable to those described in the IEP from the former district.

2)         If the new school district does not receive a copy of the

child's current IEP or a verbal or written confirmation of the requirements of

that IEP from the previous school district when the child is presented for

enrollment, the child shall be enrolled and served in the setting that the

receiving district believes will meet the child's needs until a copy of the

current IEP is obtained or a new IEP is developed by the school district

ive a copy of the

child's current IEP or a verbal or written confirmation of the requirements of

that IEP from the previous school district when the child is presented for

enrollment, the child shall be enrolled and served in the setting that the

receiving district believes will meet the child's needs until a copy of the

current IEP is obtained or a new IEP is developed by the school district.

A)        In no case shall a child be allowed to remain without services

during this interim.

B)        The new district shall request the student's records from the

sending district or school by the end of the next business day after the date

of enrollment.

C)        No later than ten days after expiration of the time allotted

under Section 2-3.13a of the School Code [105 ILCS 5/2-3.13a] for the sending

district or school to forward the child's records, the new district shall provide

written notice to the parent of an IEP meeting for the purpose of developing a

new IEP, unless the sending district's or school's IEP arrives before this time

elapses, the student has transferred from a district within Illinois, and the

new district adopts the previously held IEP.

b)         Jurisdictional Disputes

Each school

district is responsible for ensuring that no eligible child for whom services

are sought is denied FAPE due to jurisdictional disputes among Illinois

agencies.  Provision of FAPE to such a student shall not preclude a district

from seeking repayment for costs incurred from any other school district or

entity that is determined responsible for such costs.

c)         Eligibility; Graduation or Completion of Program

1)         An eligible student who requires continued public school

educational experience to facilitate that student's integration into society

shall be eligible for such services through age 21.  If the eligible student

reaches the age of 22 during the school year, the student is eligible for such

services through the end of the school year

Eligibility; Graduation or Completion of Program

1)         An eligible student who requires continued public school

educational experience to facilitate that student's integration into society

shall be eligible for such services through age 21.  If the eligible student

reaches the age of 22 during the school year, the student is eligible for such

services through the end of the school year.

2)         The provision of FAPE is not required with respect to a student

with a disability who has graduated with a regular high school diploma.

3)         A

student with a disability who has fulfilled the minimum State graduation

requirements set forth in Section 27-22 of the School Code [105 ILCS 5/27-22]

shall be eligible for a regular high school diploma.

A)        If the

student's individualized education program prescribes special education,

transition planning, transition services, or related services beyond that

point, issuance of that diploma shall be deferred so that the student will

continue to be eligible for those services.

B)        If the

student is to receive a regular high school diploma, at least one year prior to

the anticipated date of its issuance, both the parent and the student shall

receive written notification in conformance with the requirements of 34 CFR

300.503 that eligibility for public school special education services ends

following the granting of a diploma and that the parent (or the student, if

Section 226.690 applies) may request an IEP meeting to review the

recommendation that the student receive a regular diploma.

4)         Students who have participated in a graduation ceremony but

have not been awarded regular high school diplomas continue to be eligible to

receive FAPE through age 21.  If the student reaches the age of 22 during the

school year, the student is eligible for such services through the end of the

school year

eting to review the

recommendation that the student receive a regular diploma.

4)         Students who have participated in a graduation ceremony but

have not been awarded regular high school diplomas continue to be eligible to

receive FAPE through age 21.  If the student reaches the age of 22 during the

school year, the student is eligible for such services through the end of the

school year.

d)         Exception for Certain Students Incarcerated as Adults

The right to

receive FAPE does not extend to students from 18 through 21 or, if applicable,

22 years of age who are incarcerated and who were not identified as eligible

and did not have IEPs in their educational placements immediately prior to

incarceration.