Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698141726060.pdf (Micronesia, Federated States of)
FOURTEENTH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIRST REGULAR SESSION, 2005 C.B.

NO.

14-24, C.D.1 A BILL FOR AN ACT To further amend title 40 of the Code of the Federated States of Micronesia by amending sections 232 and 233 to define "Free Appropriate Public Education" for funding eligibility purposes under the United States Individuals with Disabilities Education Act Amendments of 1997, and for other purposes.

BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA: 1 Section 1.
Section 232 of title 40 of the Code of the 2 Federated States of Micronesia is hereby repealed and a new 3 section 232 is hereby enacted to read as follows: "Section 232.

Free Appropriate Public Education.

(1) Statement of Policy.
The Congress of the Federated States of Micronesia, recognizing the obligation of the Federated States of Micronesia under section 109 of title 1 of this Code that free elementary and secondary, through grade 12, shall be provided throughout the Federated States of Micronesia, and further recognizing the obligation of the Federated States of Micronesia to provide full educational opportunities to all children which will enable them to lead fulfilling productive lives, hereby declares that it is the policy of the Federated States of Micronesia and the purpose of this subchapter to provide [means for the free education of children with disabilities and that insofar as is appropriate, disabled children shall receive necessary supplementary services in regular CBL 14-28 C.B.
NO.
14-24, C.D.1 classrooms offered by the Federated States of Micronesia and each State Department of Education both in rendering services directly to children with disabilities, and in providing consulting services to regular classroom teachers] a Free Appropriate Public Education (FAPE) and related services for eligible children with disabilities, age 0 through 21, and that eligible children with disabilities shall primarily receive special education and related services, insofar as appropriate, in regular classrooms and regular schools or other natural environments, which provide education and interaction with non-disabled children, that are offered by the Federated States of Micronesia through each State Department of Education and other public agencies.
(2) Exceptions to FAPE.

The obligation to make FAPE available to all children with disabilities does not apply with respect to the following: (a) Incarcerated Youth.

Students age 18 through 21 who, in the last educational placement prior to their incarceration in an adult correctional facility: (i) Were not actually identified as being a child with a disability under this Act; and (ii) Did not have an IEP under the provisions of this Act.

2 of 5 C.B.

NO.
14-24, C.D.1 (b) The exception in paragraph (2)(a) of this section does not apply to students with disabilities, aged 18 through 21, who: (i) Had been identified as a child with disability and had received services in accordance with an IEP, but who left school prior to their incarceration; or (ii) Did not have an IEP in their last educational setting, but who had actually been identified as a "child with a disability" under the provisions of this Act.
(c) Students with disabilities who have graduated from high school diploma.

(d) Graduation from high school with a regular diploma constitutes a change in placement, requiring written prior notice in accordance with requirements of this Act.

(3) Accessibility.

The Secretary and each State Director of Education shall [insure] encourage that all school facilities [are] become fully accessible to students with disabilities."

Section 2.
Section 2.

Section 233 of title 40 of the Code of the 23 Federated States of Micronesia, as amended by Public Law No.

8-21, 24 is hereby further amended to read as follows: 25 "Section 233.

Definitions.

As used in this subchapter, 3 of 5 C.B.

NO.
14-24, C.D.1 unless the context otherwise requires: (1) 'Children with disabilities' includes those individuals from birth through age 21 who are evaluated as having mental retardation, hearing impairments including deafness, speech or language impairments, visual impairments including blindness, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, specific learning disabilities, deaf-blindness, or multiple impairments, and who because of those impairments need special education and related services.
(2) 'Free Appropriated Public Education (FAPE)' the term free appropriate public education or FAPE means special education and related services that: (a) Are provided at public expense, under public supervision and direction, and without charge to parents or students; (b) Meets special education program standards and regulations established by the Department of Health Education and Social Affairs (DHESA), including the requirements of this part; (c) Include preschool, elementary school, or secondary school education in each State; and (d) Are provided in conformity with an individualized education program (IEP), and 4 of 5 C.B.
NO.

14-24, C.D.1 (e) Are provided for eligible students who have been suspended or expelled from school.

[(2)](3)'Secretary' means the Secretary of the Department of Education.

[(3)](4) 'Special education' means instructional or other services necessary to assist children with disabilities.
Special Education is specially designed instruction, at not cost to the parents, to meet the unique needs of a child with a disability, including instruction conducted: (a) in the classrooms; (b) in the home; (c) in hospitals and institutions; (d) in other settings; and (e) in physical education."

Section 3.

This act shall become law upon approval by the 17 President of the Federated States of Micronesia or upon its 18 becoming law without such approval.
19 20 Date: 5/18/05 Introduced by: /s/ Simiram Sipenuk______ Simiram Sipenuk (by request) 5 of 5 C.B.

NO.

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