Section 7-34-B-300.102 - Limitation - exception to FAPE for certain ages(a)General. The obligation to make FAPE available to all children with disabilities does not apply with respect to the following- (1) Children aged twenty-one (21) in Mississippi to the extent that its application to those children would be inconsistent with Mississippi law or practice, or the order of any court, respecting the provision of public education to children of those ages. Note: See Miss. Code Ann. § 37-23-1.
(2)(i) Children aged eighteen (18) through twenty-one (21) to the extent that Mississippi law does not require that special education and related services under Part B of IDEA be provided to students with disabilities who, in the last educational placement prior to their incarceration in an adult correctional facility -(A) Were not actually identified as being a child with a disability as defined in §300.8; and(B) Did not have an IEP under Part B of IDEA.(ii) The exception in paragraph (a)(2)(i) above does not apply to children with disabilities, aged eighteen (18) through twenty-one (21), who- (A) Had been identified as a child with a disability as defined in §300.8 and had received services in accordance with an IEP, but who left school prior to their incarceration; or(B) Did not have an IEP in their last educational setting, but who had actually been identified as a child with a disability as defined in §300.8.(3)(i) Children with disabilities who have graduated from high school with a standard high school diploma.(ii) The exception specified in paragraph (a)(3)(i) above, does not apply to children who have graduated from high school but have not been awarded a standard high school diploma.(iii) Graduation from high school with a standard high school diploma constitutes a change in placement requiring written prior notice in accordance with §300.503.(iv)The term standardhigh school diploma does not include an alternative degree that is not fully aligned with the State Board of Education (SBE) academic standards, such as a certificate, the Mississippi Occupational Diploma (MOD), or a general educational development (GED) credential.(4) Children with disabilities who are eligible under subpart H (Preschool Grants for Children with Disabilities), but who receive early intervention services under Part C of IDEA.7 Miss. Code. R. 34-B-300.102