14 Del. Admin. Code § 923-1.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 923-1.0 - Eligibility for Assistance and Free Appropriate Public Education (FAPE) Requirements1.1 Eligibility for assistance: To maintain eligibility for assistance under Part B of the Act, the DOE shall submit a plan that provides assurances to the Secretary of the U.S. Department of Education that the State has in effect policies and procedures to ensure that the State meets the conditions in subsection 1.2 through Section 75.0. (Authority: 20 U.S.C. 1412(a); 14 Del.C. § 3110)
1.2 Free appropriate public education: A free appropriate public education (FAPE) shall be available to all children with disabilities residing in Delaware beginning no later than the child's third birthday, or an earlier age as otherwise provided in these regulations, until the receipt of a regular high school diploma or until August 31st of the school year in which the child attains the age of 22, whichever occurs first. FAPE shall also be available to children with disabilities who have been suspended or expelled from school, as provided for in this section and 14 DE Admin. Code 926, subsection 30.4. 1.2.1 Each public agency receiving funds under part of the Act, or receiving state funding for the education of children, shall ensure that FAPE is made available to each eligible child beginning no later than the child's third birthday, or an earlier age as otherwise provided in these regulations; and that an IEP is in effect for the child by that date, in accordance with 14 DE Admin. Code 925, subsection 23.1.1.2.2 If a child's third birthday occurs during the summer, the child's IEP Team shall determine the date when services under the IEP will begin.1.2.3 Children advancing from grade to grade: Each public agency shall 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.1.2.4 The determination that a child described in subsection 1.1 is eligible under these regulations, shall be made on an individual basis by the group responsible within the child's LEA for making eligibility determinations. (Authority: 20 U.S.C. 1412(a)(1)(A); 14 Del.C. § 3110)
14 Del. Admin. Code § 923-1.0
15 DE Reg. 351 (09/01/11)
26 DE Reg. 843 (4/1/2023) (Final)