# 34 CFR § 300.102: Limitation—exception to FAPE for certain ages

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-34-300.102

## Section

- **Citation:** 34 CFR § 300.102
- **Heading:** Limitation—exception to FAPE for certain ages
- **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. 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 of those ages.
(2)(i) Children 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 § 300.8; 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 children with disabilities, aged 18 through 21, who—
(A) Had been identified as a child with a disability under § 300.8 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 § 300.8.
(3)(i) Children 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 children who have graduated from high school but have not been awarded a regular high school diploma.
(iii) Graduation from high school with a regular high school diploma constitutes a change in placement, requiring written prior notice in accordance with § 300.503.
(iv) As used in paragraphs (a)(3)(i) through (iii) of this section, the term regular high school diploma means the standard high school diploma awarded to the preponderance of students in the State that is fully aligned with State standards, or a higher diploma, except that a regular high school diploma shall not be aligned to the alternate academic achievement standards described in section 1111(b)(1)(E) of the ESEA. A regular high school diploma does not include a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential.
(4) Children with disabilities who are eligible under subpart H of this part, but who receive early intervention services under Part C of the Act.
(b) Documents relating to exceptions. The State must assure that the information it has provided to the Secretary regarding the exceptions in paragraph (a) of this section, as required by § 300.700 (for purposes of making grants to States under this part), is current and accurate.
(Approved by the Office of Management and Budget under control number 1820-0030)
(Authority: 20 U.S.C. 1412(a)(1)(B)-(C) and 7801(43))
[71 FR 46753, Aug. 14, 2006, as amended at 82 FR 29759, June 30, 2017]

## 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)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-34-300.102. Check the current official text before relying on it. Not legal advice.