Delaware Administrative Code
Title 14 - Education
900 - Special Populations
923 - Children with Disabilities Subpart B General Duties and Eligibility of Agencies
Section 923-2.0 - Limitation Exception to FAPE for Certain Ages

Universal Citation: 14 DE Admin Code 923-2.0

Current through Register Vol. 28, No. 3, September 1, 2024

2.1 General: The obligation to make FAPE available to all children with disabilities does not apply with respect to the following:

2.1.1 Reserved

2.1.2 Reserved

2.1.3 Children with disabilities who have graduated from high school with a regular high school diploma.
2.1.3.1 The exception in subsection 2.1.3 does not apply to children who have graduated from high school but have not been awarded a regular high school diploma.

2.1.3.2 Graduation from high school with a regular high school diploma constitutes a change in placement, requiring written prior notice in accordance with 14 DE Admin. Code 926, Section 3.0.

2.1.3.3 As used in subsections 2.1.3, 2.1.3.1 and 2.1.3.2, the term regular high school diploma does not include an alternative degree that is not fully aligned with the State's academic standards, such as a certificate or a general educational development credential (GED).

2.1.4 Children with disabilities who are eligible under 34 CFR §§ 300.800 through 300.818 (preschool grants), but who receive early intervention services under Part C of the Act.

2.2 Documents relating to exceptions. The State shall assure that the information it has provided to the Secretary of the United States Department of Education regarding the exceptions in this section, as required by 34 CFR § 300.700 (for purposes of making grants to States under these regulations), is current and accurate.

(Authority: 20 U.S.C. 1412(a)(1)(B)-(C); 14 Del.C. § 3110)

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