34 C.F.R. § 300.103

FAPE—methods and payments

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(a) Each State may use whatever State, local, Federal, and private sources of support that are available in the State to meet the requirements of this part. For example, if it is necessary to place a child with a disability in a residential facility, a State could use joint agreements between the agencies involved for sharing the cost of that placement.

(b) Nothing in this part relieves an insurer or similar third party from an otherwise valid obligation to provide or to pay for services provided to a child with a disability.

(c) Consistent with § 300.323(c), the State must ensure that there is no delay in implementing a child's IEP, including any case in which the payment source for providing or paying for special education and related services to the child is being determined.

(Approved by the Office of Management and Budget under control number 1820-0030) (Authority: 20 U.S.C. 1401(8), 1412(a)(1)) [71 FR 46753, Aug. 14, 2006, as amended at 72 FR 61306, Oct. 30, 2007]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2019–2022 · leading case: B.H. v. Manhattan Beach Unified Sch. Dist., 247 Cal. Rptr. 3d 501 (Cal. Ct. App. 5th 2019).

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B.H. v. Manhattan Beach Unified Sch. Dist., 247 Cal. Rptr. 3d 501 (Cal. Ct. App. 5th 2019). “( 34 C.F.R. § 300.103 (c).) Prompt implementation is imperative.”

B.H. v. Manhattan Beach Sch. Dist. (Cal. Ct. App. 2019). “( 34 C.F.R. § 300.103 (c).) Prompt implementation is imperative.”

F. v. Bd. of Educ. of Chicago Pub. Sch. Dist. 299 (N.D. Ill. 2022). “See 34 C.F.R. § 300.103 (c) (West 2022) (“[T]he State must ensure that there is no delay in implementing a child’s IEP, including any case in which the payment source for providing or paying for special education and related services to the child is being determined.”

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