Declaration of Public Policy

It is and shall be the duty of the various divisions and schools of the Department of Education to make available a free appropriate public education to all children with disabilities residing on Guam between the ages of three

(3)through twenty-one (21), including children with disabilities who have been suspended or expelled. The Department of Education shall make available early intervention services for eligible infant toddlers ages birth through two (2). This Section and all other sections shall be in conformity with the Individuals with Disabilities Education Act (IDEA), its amendments, implementing regulations, and all other laws and regulations relating to the education of children with disabilities. The exception to Free Appropriate Public Education

(FAPE)shall be made for students ages eighteen

(18)through twenty-one

(21)who, in the last educational placement prior to their incarceration to an adult correction facility,

(a)were not actually identified as being a child with a disability; and

(b)did not have an Individualized Education Program

(IEP)under IDEA. The purpose of this Chapter is to ensure that special education and related services are provided COL05182012 CH. 9 EDUCATION & TRAINING FACILITIES AND OPPORTUNITIES FOR THE HANDICAPPED to all children with disabilities of public school age, or within the broader age limits provided in this Chapter.