Who is entitled to a FAPE?
A free appropriate public education must be available to all children residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school. Each State must ensure that the obligation to make FAPE available to each eligible child residing in the State begins no later than the child’s third birthday and an IEP or an IFSP is in effect for the child by that date. If a child’s third birthday occurs during the summer, the child’s IEP Team shall determine the date when services under the IEP or IFSP will begin.
Each school must ensure that assistive technology devices or assistive technology services, or both, are made available to a child with a disability if required as a part of the child’s special education, related services, or supplementary aids and services. On a case-by-case basis, the use of school-purchased assistive technology devices in a child’s home or in other settings is required if the child’s IEP Team determines that the child needs access to those devices in order to receive.
Extended School Year Services
Extended school year services means special education and related services that are provided to a child with a disability beyond the normal school year of the public agency in accordance with the child’s IEP and at no cost to the parents of the child. Each public agency must ensure that extended school year services are available as necessary to provide FAPE. Extended school year services must be provided only if a child’s IEP Team determines, on an individual basis that the services are necessary for the provision of FAPE to the child. A public agency may not limit extended school year services to particular categories of disability or unilaterally limit the type, amount, or duration of those services.