---
title: "What ages does the right to a free appropriate public education cover under IDEA? Answer in under 90 words, be extremely concise. Cite only eCFR (www.ecfr.gov) sources."
canonical: https://www.m-i-n-d.ai/minds/special-education/fape-age-coverage-idea
jurisdiction: "US Federal"
last_verified: 2026-08-28
license: CC BY 4.0 — https://creativecommons.org/licenses/by/4.0/
attribution: "Source: MIND (m-i-n-d.ai)"
---

# What ages does the right to a free appropriate public education cover under IDEA? Answer in under 90 words, be extremely concise. Cite only eCFR (www.ecfr.gov) sources.

Under IDEA, as set out in 34 CFR 300.101, the right to a Free Appropriate Public Education (FAPE) covers all children residing in the State between the ages of 3 and 21, inclusive. This includes children with disabilities who have been suspended or expelled, per § 300.530(d), and requires an IEP or IFSP to be in effect by the child's third birthday.

## Details / How it works

The FAPE mandate under 34 CFR 300.101 applies to all children residing in the State between ages 3 and 21, inclusive. Each State must ensure FAPE is available to every eligible child, with the obligation beginning no later than the child's third birthday and an IEP or IFSP in effect by that date in accordance with § 300.323(b).

## Sources

- [1] U.S. Government Publishing Office / Department of Education — 34 CFR 300.101 — Free appropriate public education (FAPE) entitlement under IDEA · https://www.ecfr.gov/current/title-34/section-300.101 · as of 2026-08-28