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U.S. Department of Education: Promoting Educational Excellence for all Americans

When IEPs must be in effect (Sec. 300.323)

Comment: Some commenters recommended retaining current Sec. 300.342(b)(1)(i) to ensure that an IEP is in effect before special education services are provided to a child.

Discussion: We do not believe it is necessary to retain current Sec. 300.342(b)(1)(i) because we believe this requirement is implicit in Sec. 300.323(a), which requires each public agency to have an IEP in effect for each child with a disability in the public agency's jurisdiction at the beginning of each school year.

Changes: None.