34 C.F.R. § 300.17
Free appropriate public education
Free appropriate public education or FAPE means special education and related services that—
(a) Are provided at public expense, under public supervision and direction, and without charge;
(b) Meet the standards of the SEA, including the requirements of this part;
(c) Include an appropriate preschool, elementary school, or secondary school education in the State involved; and
(d) Are provided in conformity with an individualized education program (IEP) that meets the requirements of §§ 300.320 through 300.324.
Notes of Decisions
Cited in 38
cases (11 in the last 5 years), 1995–2024 · leading case: Yankton Sch. Dist. v. Harold & Angie Schramm, 93 F.3d 1369 (8th Cir. 1996).
Yankton Sch. Dist. v. Harold & Angie Schramm, 93 F.3d 1369 (8th Cir. 1996). “34 C.F.R. § 300.17 (a)(1). See also 34 C.”
Marshall Jt. Sch. Dist. No. 2 v. C.D. ex rel. Brian & Traci D., 616 F.3d 632 (7th Cir. 2010). “, dissenting) (citing 34 C.F.R. § 300.17 n. 1 (1995), amended in 1999 by 64 Fed.”
Bd. of Educ. of the Yorktown Cent. Sch. Dist. v. C.S., 990 F.3d 152 (2d Cir. 2021). “” 34 C.F.R. § 300.17 . In New York state, IEPs are developed by “committees on special education” (“CSEs”) convened in each school 1When first passed in 1975, the IDEA was entitled the Education for All Handicapped Children Act, Pub.”
Somoza v. New York City Dep't of Educ., 538 F.3d 106 (2d Cir. 2008). “§ 1401 (9); see also 34 C.F.R. § 300.17 . 2 . "Compensatory education” is prospective equitable relief, requiring a school district to fund education beyond the expiration of a child’s eligibility as a remedy for any earlier deprivations in the child's education.”
D.L. ex rel. J.L. v. Unified Sch. Dist. No. 497, 596 F.3d 768 (10th Cir. 2010). “§ 1412 (a)(1); 34 C.F.R. § 300.17 , which requires that special education be furnished at no cost to parents.”
Stenger v. Stanwood Sch. Dist., 977 P.2d 660 (Wash. Ct. App. 1999). “34 CFR §§ 300.17 , .550-.554; WAC 392-171-471, -476, -481.”
Yankton Sch. Dist. v. Harold, 900 F. Supp. 1182 (D.S.D. 1995). “17 (1994), states that “[t]he definition of special education is a particularly important one under these regulations, since a child does not have a disability under this part unless he or she needs special education.” “Related services” are statutorily defined to mean:…”
Alleyne v. New York State Educ. Dep't, 691 F. Supp. 2d 322 (N.D.N.Y. 2010). “§ 1401 (9); see also 34 C.F.R. § 300.17 . As the IDEA’S definition of a FAPE makes clear, “[t]he Act does not usurp the state’s traditional role in setting educational policy.”
B.H. v. Manhattan Beach Unified Sch. Dist., 35 Cal. App. 5th 563 (Cal. Ct. App. 2019). “§§ 1401 (9) (A)-(D), 1414(d) ; 34 C.F.R. § 300.17 ; Cal. Code Regs., tit.”
Alexander S. ex rel. Bowers v. Boyd, 876 F. Supp. 773 (D.S.C. 1995). “” 34 C.F.R. § 300.17 (a)(1)(i). To be eligible for federal assistance under the IDEA, states must ensure that a “free appropriate public education” is available to meet the child’s identified needs.”
['capital City Pub. Charter Sch. v. Gambale'], 27 F. Supp. 3d 121 (D.D.C. 2014). “§ 1401 (9)(C); 34 C.F.R. § 300.17 . IDEA does not require a school district or LEA to support the costs of a student’s post-secondary education, of which visiting colleges is a part.”
J.D.G. & Tiby S. Gomez v. Colonial Sch. Dist., 748 F. Supp. 2d 362 (D. Del. 2010). “Plaintiffs request payment for an interim placement, related transportation, an educational reevaluation, and other related special academic services during the pendency of this litigation.”
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