Iowa Admin. Code r. 281-41.102 - Limitation-exceptions to FAPE for certain ages
(1)
Exceptions. The obligation to make FAPE available to all
children with disabilities does not apply with respect to the following:
a. Children over the age provided in Iowa
Code chapter 256B, unless otherwise provided in this rule.
b. Certain children incarcerated in adult
prisons.
(1) General. A child aged 18 to 21
who, in the last educational placement prior to incarceration in an adult
correctional facility:
1. Was not actually
identified as being a child with a disability under this chapter; and
2. Did not have an IEP under Part B of the
Act.
(2) Inapplicability
of exception. The exception in subparagraph 41.102(1)"b"(1)
does not apply to a child with disabilities, aged 18 to 21, who:
1. Had been identified as a child with a
disability under this chapter and had received services in accordance with an
IEP , but who left school prior to incarceration; or
2. Did not have an IEP in the child's last
educational setting, but who had actually been identified as a child with a
disability under this chapter.
c. Graduates with a regular high school
diploma.
(1) General. Children with
disabilities who have graduated from high school with a regular high school
diploma.
(2) Inapplicability of
exception. The exception in subparagraph 41.102(1)"c"(1) does
not apply to children who have graduated from high school but have not been
awarded a regular high school diploma.
(3) Graduation is a change in placement.
Graduation from high school with a regular high school diploma constitutes a
change in placement requiring written prior notice in accordance with rule
281-41.503 (256B, 34CFR300).
(4)
Rule of construction . As used in subparagraphs 41.102(1)"c"(1)
to (3), 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.
d. Reserved.
e. Eligibility beyond period specified in
Iowa Code chapter 256B. An agency may continue the special education and
related services of an eligible individual beyond the time period specified in
the Iowa Code if the person had an accident or prolonged illness that resulted
in delays in the initiation of or in the interruption of that individual's
special education program. The AEA director of special education must request
approval from the department , which may be granted for up to the individual's
twenty-fourth birthday.
(2)
Documents relating to
exceptions. The state must ensure that the information it has provided
to the Secretary regarding the exceptions in subrule 41.102(1) is current and
accurate.
Notes
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