# 34 CFR § 300.101: Free appropriate public education (FAPE)

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-34-300.101

## Section

- **Citation:** 34 CFR § 300.101
- **Heading:** Free appropriate public education (FAPE)
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 34—Education > Subtitle B—Regulations of the Offices of the Department of Education > CHAPTER III—OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION > PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES > Subpart B—State Eligibility > FAPE Requirements

## Text

(a) General. A free appropriate public education must be available to all children residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school, as provided for in § 300.530(d).
(b) FAPE for children beginning at age 3. (1) Each State must ensure that—
(i) The obligation to make FAPE available to each eligible child residing in the State begins no later than the child's third birthday; and
(ii) An IEP or an IFSP is in effect for the child by that date, in accordance with § 300.323(b).
(2) If a child's third birthday occurs during the summer, the child's IEP Team shall determine the date when services under the IEP or IFSP will begin.
(c) Children advancing from grade to grade. (1) Each State must ensure that FAPE is available to any individual child with a disability who needs special education and related services, even though the child has not failed or been retained in a course or grade, and is advancing from grade to grade.
(2) The determination that a child described in paragraph (a) of this section is eligible under this part, must be made on an individual basis by the group responsible within the child's LEA for making eligibility determinations.
(Approved by the Office of Management and Budget under control number 1820-0030)
(Authority: 20 U.S.C. 1412(a)(1)(A))

## Nearby sections

- [34 CFR § 300.100 § 300.100 Eligibility for assistance.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.100.md)
- [34 CFR § 300.101 § 300.101 Free appropriate public education (FAPE).](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.101.md)
- [34 CFR § 300.102 § 300.102 Limitation—exception to FAPE for certain ages.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.102.md)
- [34 CFR § 300.103 § 300.103 FAPE—methods and payments.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.103.md)
- [34 CFR § 300.104 § 300.104 Residential placement](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.104.md)
- [34 CFR § 300.105 § 300.105 Assistive technology.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.105.md)
- [34 CFR § 300.106 § 300.106 Extended school year services.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.106.md)
- [34 CFR § 300.107 § 300.107 Nonacademic services.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.107.md)
- [34 CFR § 300.108 § 300.108 Physical education.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.108.md)
- [34 CFR § 300.109 § 300.109 Full educational opportunity goal (FEOG).](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.109.md)
- [34 CFR § 300.110 § 300.110 Program options.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.110.md)
- [34 CFR § 300.111 § 300.111 Child find.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.111.md)
- [34 CFR § 300.112 § 300.112 Individualized education programs (IEP).](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.112.md)
- [34 CFR § 300.113 § 300.113 Routine checking of hearing aids and external components of surgically implanted medical devices.](https://www.frixlaw.com/law-library/statutes/ecfr-34-300.113.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-34-300.101. Check the current official text before relying on it. Not legal advice.