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 D—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements

34 C.F.R. § 300.323

When IEPs must be in effect

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(a) General. At the beginning of each school year, each public agency must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in § 300.320.

(b) IEP or IFSP for children aged three through five. (1) In the case of a child with a disability aged three through five (or, at the discretion of the SEA, a two-year-old child with a disability who will turn age three during the school year), the IEP Team must consider an IFSP that contains the IFSP content (including the natural environments statement) described in section 636(d) of the Act and its implementing regulations (including an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills for children with IFSPs under this section who are at least three years of age), and that is developed in accordance with the IEP procedures under this part. The IFSP may serve as the IEP of the child, if using the IFSP as the IEP is—

(i) Consistent with State policy; and

(ii) Agreed to by the agency and the child's parents.

(2) In implementing the requirements of paragraph (b)(1) of this section, the public agency must—

(i) Provide to the child's parents a detailed explanation of the differences between an IFSP and an IEP; and

(ii) If the parents choose an IFSP, obtain written informed consent from the parents.

(c) Initial IEPs; provision of services. Each public agency must ensure that—

(1) A meeting to develop an IEP for a child is conducted within 30 days of a determination that the child needs special education and related services; and

(2) As soon as possible following development of the IEP, special education and related services are made available to the child in accordance with the child's IEP.

(d) Accessibility of child's IEP to teachers and others. Each public agency must ensure that—

(1) The child's IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation; and

(2) Each teacher and provider described in paragraph (d)(1) of this section is informed of—

(i) His or her specific responsibilities related to implementing the child's IEP; and

(ii) The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.

(e) IEPs for children who transfer public agencies in the same State. If a child with a disability (who had an IEP that was in effect in a previous public agency in the same State) transfers to a new public agency in the same State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide FAPE to the child (including services comparable to those described in the child's IEP from the previous public agency), until the new public agency either—

(1) Adopts the child's IEP from the previous public agency; or

(2) Develops, adopts, and implements a new IEP that meets the applicable requirements in §§ 300.320 through 300.324.

(f) IEPs for children who transfer from another State. If a child with a disability (who had an IEP that was in effect in a previous public agency in another State) transfers to a public agency in a new State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide the child with FAPE (including services comparable to those described in the child's IEP from the previous public agency), until the new public agency—

(1) Conducts an evaluation pursuant to §§ 300.304 through 300.306 (if determined to be necessary by the new public agency); and

(2) Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in §§ 300.320 through 300.324.

(g) Transmittal of records. To facilitate the transition for a child described in paragraphs (e) and (f) of this section—

(1) The new public agency in which the child enrolls must take reasonable steps to promptly obtain the child's records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous public agency in which the child was enrolled, pursuant to 34 CFR 99.31(a)(2); and

(2) The previous public agency in which the child was enrolled must take reasonable steps to promptly respond to the request from the new public agency.

(Authority: 20 U.S.C. 1414(d)(2)(A)-(C))
Notes of Decisions
Cited in 76 cases (22 in the last 5 years), 2007–2026 · leading case: Dallas Indep. Sch. Dist. v. Woody Ex Rel. K.W., 865 F.3d 303 (5th Cir. 2017).
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Dallas Indep. Sch. Dist. v. Woody Ex Rel. K.W., 865 F.3d 303 (5th Cir. 2017). · cites it 4× “The court relied on several related sections of IDEA and the regulations to conclude that the District had to provide temporary services: Yet when it rejected LAUSD’s IEP, it was obligated to make an offer of FAPE to Kelsey on a temporary basis while it evaluated her, because…”
Van Duyn Ex Rel. Van Duyn v. Baker Sch. Dist. 5J, 502 F.3d 811 (9th Cir. 2007). · cites it 4× “2005) (quoting statutory definition of FAPE); 34 C.F.R. § 300.323 (c)(2) ("Each public agency must ensure that .”
Anchorage Sch. Dist. v. M.P., 689 F.3d 1047 (9th Cir. 2012). · cites it 4× “§ 1414 (d)(2)(A), (4) (A); 34 C.F.R. §§ 300.323 (a), 300.324(b)(1). Neither the IDEA nor its implementing regulations condition this — or any other — duty expressly imposed on a state or local educational agency upon parental cooperation or acquiescence in the agency’s preferred…”
Maynard v. Dist. of Columbia, 701 F. Supp. 2d 116 (D.D.C. 2010). · cites it 7× “] with a FAPE for SY 2008/09, because pursuant to 34 C.F.R. § 300.323 (f), DCPS was entitled to provide [G.”
L.J. v. Sch. Bd. of Broward Cnty., Florida, 927 F.3d 1203 (11th Cir. 2019). · cites it 2× “2007) (concluding that the phrase “in conformity with” counsels “against making minor implementation failures actionable”); see also 34 C.F.R. § 300.323 (c)(2) (requiring education “in accordance with” the IEP).”
DL v. Dist. of Columbia, 860 F.3d 713 (D.C. Cir. 2017). “34 C.F.R. § 300.323 (c). The statute, of course, is our guide, and it requires IEPs to be implemented by the child’s third birthday.”
Dallas Indep. Sch. Dist. v. Woody ex rel. K.W., 178 F. Supp. 3d 443 (N.D. Tex. 2016). · cites it 13× “34 C.F.R. § 300.323 ; 34 C.F.R. § 300.111 ; 34 C.”
R.F. ex rel. Frankel v. Delano Union Sch. Dist., 224 F. Supp. 3d 979 (E.D. Cal. 2016). · cites it 4× “” 34 C.F.R. § 300.323 (a). If a child transfers to and enrolls in a new different public agency within a state during a school year, the new public agency “must provide FAPE to the child (including services comparable to those described in the child’s IEP from the previous…”
Middleton v. Dist. of Columbia, 312 F. Supp. 3d 113 (D.C. Cir. 2018). “a FAPE by failing to properly implement this aspect of his IEP.”
Doe Ex Rel. Doe v. East Lyme Bd. of Educ., 790 F.3d 440 (2d Cir. 2015). “§ 1414 (d)(2)(A) (emphases added); see also 34 C.F.R. § 300.323 . It is undisputed that the Student was, at all relevant times, resident in East Lyme and within the Board’s jurisdiction.”
James N. Van Duyn, for His Son, Christopher J. Van Duyn, a Minor & Incapacitated Person v. Baker Sch. Dist. 5j, 481 F.3d 770 (9th Cir. 2007). · cites it 2× “§ 1401 (9)(D); 34 C.F.R. § 300.323 (c)(2). We do not believe we must interpret the IDEA in such a way that even minor implementation failures automatically violate the statute, nor has any other court done so.”
Coleman v. Pottstown Sch. Dist., 983 F. Supp. 2d 543 (E.D. Pa. 2013). · cites it 2× “See 34 C.F.R. § 300.323 . *565 E. Monitoring Requirements under the IDEA 18.”
Show all 76 citing cases →
— 34 C.F.R. § 300.323(a) — 1 case
M.D. v. Colonial Sch. Dist. (E.D. Pa. 2021).
— 34 C.F.R. § 300.323(e) — 1 case
R.F. ex rel. Frankel v. Delano Union Sch. Dist., 224 F. Supp. 3d 979 (E.D. Cal. 2016). “” 34 C.F.R. § 300.323 (a). If a child transfers to and enrolls in a new different public agency within a state during a school year, the new public agency “must provide FAPE to the child (including services comparable to those described in the child’s IEP from the previous…”
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