Minds → Special Education → What is a free appropriate public education under IDEA? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.
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What is a free appropriate public education under IDEA? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.

Under IDEA Part B (34 CFR Part 300), a Free Appropriate Public Education (FAPE) must be available to all eligible children with disabilities residing in the State between the ages of 3 and 21, inclusive, including children who have been suspended or expelled from school. Each State must ensure FAPE is available to any child with a disability who needs special education and related services, even if the child has not failed or been retained and is advancing from grade to grade.
Last verified: 2026-08-28 · Sources checked: 1/1 resolving · Next scheduled review: 2026-11-26

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. [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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