Section 1412 (a) (1)

    (1) Free appropriate public education

      (A) In general

    • A free appropriate public education is available to all children with disabilities residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school.

      • (B) Limitation

    • The obligation to make a free appropriate public education available to all children with disabilities does not apply with respect to children—
      • (i) aged 3 through 5 and 18 through 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 in those age ranges; and
      • (ii) aged 18 through 21 to the extent that State law does not require that special education and related services under this subchapter be provided to children with disabilities who, in the educational placement prior to their incarceration in an adult correctional facility—
        • (I) were not actually identified as being a child with a disability under section 1401 of this title; or
        • (II) did not have an individualized education program under this subchapter.

      (C) State flexibility

    • A State that provides early intervention services in accordance with subchapter III to a child who is eligible for services under section 1419 of this title, is not required to provide such child with a free appropriate public education.

      • Severe Discrepancy
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      Last modified on November 7, 2019