FREE APPROPRIATE PUBLIC EDUCATION FOR ELIGIBLE YOUTH WITH DISABILITIES INCARCERATED IN ADULT PRISONS
Disclaimer: Letters issued prior to December 3, 2004, may not be consistent with the IDEA, as revised by P.L. 108-446. Letters issued prior to August 14, 2006 may not be consistent with the final regulations for Part B published on that date at 71 Federal Register 46540. Readers are advised to consult with the current statute and final regulations.
Letter to Geoffrey A. Yudien, Esq.
August 19, 2003
Topic: Free Appropriate Public Education for Eligible Youth with Disabilities Incarcerated in Adult Prisons
Letter clarifying that (1) The provisions in 20 U.S.C. 1414(d)(6) and 34 CFR 300.311(c)(1)apply to post-conviction incarcerations; (2) to the extent consistent with the age ranges established under State law, States and LEAs must include in their child find systems those incarcerated youth who would be eligible to receive a free appropriate public education (FAPE) and who do not fall into the exception to the FAPE requirement; (3) individuals in the Federal correctional system fall under the jurisdiction of the Federal Bureau of Prisons (BOP) and the IDEA makes no specific provision for funding educational services through the BOP; and (4) under Part B of the IDEA, if a youth with disabilities is referred or placed by the State into an out-of-State facility, the referring State is generally responsible for ensuring that FAPE is available during the course of the youth's placement in that facility.
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