What is a free appropriate public education under IDEA? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.
Details / How it works
FAPE is the foundational requirement of IDEA Part B, codified in 34 CFR Part 300 and defined at § 300.101. A free appropriate public education must be available to all children residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school. Each State must ensure FAPE is available to any individual child with a disability who needs special education and related services, even though the child has not failed or been retained in a course or grade and is advancing from grade to grade. The determination of eligibility must be made on an individual basis by the group responsible within the child's local educational agency (LEA) for making eligibility determinations.
Numbers & thresholds
| Item | Value |
|---|---|
| Age range for FAPE eligibility | 3 to 21, inclusive |
| Age at which FAPE obligation begins | No later than the child's third birthday |
| Grade-to-grade advancement | FAPE applies even if child has not failed or been retained |
| Authority | 20 U.S.C. 1412(a)(1)(A) (State eligibility) |
Exceptions & edge cases
FAPE includes children with disabilities who have been suspended or expelled from school, as provided for in § 300.530(d). For a child whose third birthday occurs during the summer, the child's IEP Team shall determine the date when services under the IEP or IFSP will begin.
Sources
- [1]U.S. Government Publishing Office / Department of Education — 34 CFR 300.101 — Free appropriate public education (FAPE) entitlement under IDEA · as of 2026-08-28
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