Section 7-34-B-300.101 - Free appropriate public education (FAPE)(a)General. FAPE must be available to all children with disabilities residing in Mississippi between the ages of three (3) and twenty (20), inclusive, including children with disabilities who have been suspended or expelled from school as provided for in §300.530(d). Note: See Miss. Code Ann. §§ 37-23-1 through 37-23-150.
FAPE is available to all children with disabilities residing in the state between the agesof three (3) and twenty (20), inclusive.
(b)FAPE for children beginning at age three (3).(1) Each public agency must ensure that- (i) The obligation to make FAPE available to each eligible child residing in the State begins no later than the child's third birthday; and(ii) An IEP or an IFSP is in effect for the child by that date in accordance with §300.323(b).(2) If a child's third birthday occurs during the summer, the child's IEP committee shall determine the date when services under the IEP or IFSP will begin.(c)Children advancing from grade to grade.(1) Each public agency must ensure that FAPE is available to any individual child with a disability who needs special education and related services, even though the child has not failed or been retained in a course or grade, and is advancing from grade to grade.(2)The eligibility determination must be made on an individual basis by the team responsible for making eligibility determinations.7 Miss. Code. R. 34-B-300.101