---
title: "Who is entitled to special education services under IDEA? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources."
canonical: https://www.m-i-n-d.ai/minds/special-education/who-gets-special-education-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)"
---

# Who is entitled to special education services under IDEA? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.

Under IDEA Part B, a free appropriate public education (FAPE) 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. An IEP or IFSP must be in effect for each eligible child no later than the child's third birthday, and FAPE must continue for any child with a disability who needs special education and related services while advancing from grade to grade.

## Details / How it works

Under 34 CFR § 300.101, FAPE is a mandated requirement established under IDEA Part B and issued by the U.S. Department of Education, applicable to every State educational agency's jurisdiction. Eligibility is determined on an individual basis by the group responsible within the child's local educational agency (LEA).

An Individualized Education Program (IEP), defined under 34 CFR § 300.320, must be developed for each eligible child, with an IEP or IFSP in effect no later than the child's third birthday per the § 300.323(b) implementation timeline.

## Numbers & thresholds

| Requirement | Threshold / Detail |
|---|---|
| Age range for FAPE availability | 3 to 21, inclusive |
| IEP/IFSP effective by | Child's third birthday |
| Discipline cross-reference | § 300.530(d) for suspended/expelled children |
| Authority | 20 U.S.C. 1412(a)(1)(A) |
| OMB control number | 1820-0030 |

## Exceptions & edge cases

If a child's third birthday occurs during the summer, the child's IEP Team determines the date when services under the IEP or IFSP will begin. FAPE must also continue for 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.

## 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
- [2] U.S. Government Publishing Office / Department of Education — 34 CFR 300.320 — Definition and required content of an individualized education program (IEP) · https://www.ecfr.gov/current/title-34/section-300.320 · as of 2026-08-28