§8-60-3 - Free appropriate public education (“FAPE”).

§8-60-3 Free appropriate public education (“FAPE”). (a) General. A free appropriate public education shall be available to all students with disabilities residing in the State aged three to twenty, including students with disabilities who have been suspended or expelled from school, as provided for in section 8-60-75(d).

(b) FAPE for students beginning at age 3.

(1) The State shall ensure that:

(A) The obligation to make a FAPE available to each eligible student residing in the State begins no later than the student's third birthday; and

(B) An IEP is in effect for the student by that date, in accordance with section 8-60-47(b).

(2) If a student's third birthday occurs during the summer, the student's IEP team shall determine the date when services under the IEP will begin.

(c) Students advancing from grade to grade. (1) The State shall ensure that a FAPE is available to any individual student with a disability who needs special education and related services, even though the student has not failed or been retained in a course or grade, and is advancing from grade to grade.

(2) The determination that a student described in subsection (a) is eligible, shall be made on an individual basis by the group responsible for making eligibility determinations.

[Eff 11/23/09] (Auth: 20 U.S.C. 1412(a)(1)(A); HRS §302A-1112) (Imp: 34 C.F.R. §300.101)


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