C.F.R. » Title 34 » 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

34 C.F.R. § 300.102

Limitation—exception to FAPE for certain ages

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(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]
Notes of Decisions
Cited in 38 cases (19 in the last 5 years), 2007–2026 · leading case: K.L. v. RI Board of Education
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K.L. v. RI Board of Education (2018) ca1 · cites it 3× “A provision of the Code of Federal Regulations, 34 C.F.R. § 300.102 , clarifies that "[t]he obligation to make FAPE available to all children with disabilities does not apply .”
N. D. v. Chris Reykdal (2024) ca9 · cites it 2× “See 34 C.F.R. § 300.102 (a)(3)(i) (“The obligation to make FAPE available to all children with disabilities does not apply with respect to .”
Dallas Independent School District v. Woody Ex Rel. K.W. (2017) ca5 “The time period for the District’s May 22 IEP was from April 24, 2014, to April 24, 2015, so basically for all of the following school year.”
A.R. v. Connecticut (2021) ca2 “It is thus immaterial whether the diploma proffered 12 to him would have been a "regular high school diploma" or one "fully aligned with 13 State standards" within the meaning of 34 C.F.R. § 300.102 (a)(3). There was no 14 genuine issue as to whether D.”
E.R.K. Ex Rel. R.K. v. Hawaii Department of Education (2013) ca9 “34 C.F.R. § 300.102 (a). Happily, the IDEA’S legislative history sheds some light on the exception’s mean *987 ing.”
Los Angeles Unified School District v. Garcia (2013) cal “( 34 C.F.R. § 300.102 (a)(3)(i) (2013).) In addition, the IDEA does not require the states to provide a FAPE to disabled students ages 18 through 21 years “who, in the educational placement prior to their incarceration in an adult correctional facility—[][] (I) were not actually…”
Los Angeles Unified School District v. Garcia (2012) ca9 “§ 1412 (a)(l)(B)(ii); 34 C.F.R. § 300.102 (a)(2)(h). Each state is responsible for ensuring compliance with the IDEA and must specify which state or local educational agency (SEA or LEA) is responsible for providing special education services to certain students, including…”
A.D. v. State of Hawaii Department of Education (2013) ca9 “…1489, 1497 (9th Cir.1994). Today, federal regulations make clear that IDEA eligibility extends to 21-year-olds. See 34 C.F.R. § 300.102 (a)(1).”
Dallas Independent School District v. Woody ex rel. K.W. (2016) txnd · cites it 2× “§ 1414 (d)(4)(A)®; see also 34 C.F.R. § 300.324 (b)(1)®. Further, the express purpose of the statute is to ensure that all children with disabilities have available to them a FAPE that emphasizes special education and related services designed to meet their unique needs and to…”
Dracut School Committee v. Bureau of Special Education Appeals of the Massachusetts Department of Elementary & Secondary (2010) mad “34 C.F.R. § 300.102 (a)(3)(f) (stating that the obligation to provide FAPE does not apply to “[c]hildren with disabilities who have graduated from high school with a regular high school diploma.”
Moseley ex rel. Moseley v. Board of Education (2007) ca10 “§ 1415 (b)(3); 34 C.F.R. § 300.102 (a)(3)(iii). The student’s parents may then file a “complaint” with the school, contesting the graduation.”
M.N. v. SPARTA TOWNSHIP BOARD OF EDUCATION (2022) njd · cites it 10× “” 34 C.F.R. § 300.102 (a)-(3)(i) (emphasis added).”
Show all 38 citing cases →
— 34 C.F.R. § 300.102(a)(3) — 1 case
Fisher v. PGCPS Board of Education (2025) mdd
— 34 C.F.R. § 300.102(a)(3)(i) — 2 cases
Tindell v. EVANSVILLE-VANDERBURGH SCHOOL CORP. (2011) insd
Fisher v. PGCPS Board of Education (2025) mdd
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