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Federal Law

IDEA Part B — Federal Special Education for Ages 3-21

Part B of the Individuals with Disabilities Education Act (20 U.S.C. §1400 et seq.; 34 CFR Part 300) requires every U.S. public school receiving federal funds to provide a Free Appropriate Public Education (FAPE) to each eligible child with a disability aged 3-21, delivered through a written Individualized Education Program (IEP) in the Least Restrictive Environment. Approximately 7.5 million U.S. students receive services under IDEA (NCES 2024, Digest of Education Statistics).

Who does IDEA Part B apply to?

Part B applies to every public school district and state education agency receiving federal education funds, and to every child aged 3-21 who (a) meets the eligibility criteria for one of 13 federal disability categories under 34 CFR §300.8, and (b) by reason of that disability needs special education and related services. The 13 categories are: autism; deaf-blindness; deafness; emotional disturbance; hearing impairment; intellectual disability; multiple disabilities; orthopedic impairment; other health impairment (OHI); specific learning disability (SLD); speech or language impairment; traumatic brain injury; and visual impairment including blindness.

Child Find (34 CFR §300.111) requires districts to actively identify, locate, and evaluate all children with disabilities residing in the district, including children in private schools and homeless children. A district cannot wait to be asked.

What does IDEA Part B require?

  1. FAPE (34 CFR §300.17) — Special education and related services provided at public expense, under public supervision, meeting state standards, and delivered under an IEP reasonably calculated to enable the child to make appropriate progress in light of their circumstances (Endrew F. v. Douglas County Sch. Dist., 580 U.S. 386 (2017)).
  2. Written IEP (§§300.320-300.324) — Present levels (PLAAFP), measurable annual goals, special education and related services, supplementary aids, participation with nondisabled peers, assessment accommodations, and beginning no later than age 16, measurable postsecondary goals and transition services.
  3. LRE (§§300.114-300.120) — Education with nondisabled peers to the maximum extent appropriate; removal only when the nature or severity of the disability prevents satisfactory progress even with supplementary aids.
  4. Procedural safeguards (§§300.500-300.536) — Prior written notice, access to records, independent educational evaluation at public expense, mediation, due-process hearings, and the stay-put provision during disputes.
  5. Evaluation and reevaluation (§§300.301-300.311) — Initial evaluation within 60 days of parent consent (or state timeline); reevaluation at least every three years unless parent and district agree otherwise.
  6. Transition (§300.320(b)) — Measurable postsecondary goals in education/training, employment, and where appropriate, independent living; updated annually; linked to transition services.

Key Deadlines

  • 60 days (or state-mandated timeline) after parent consent — complete initial evaluation (§300.301).
  • 30 days after determination of eligibility — develop the initial IEP (§300.323(c)).
  • Annually — review (and revise, if needed) the IEP (§300.324(b)).
  • Every 3 years — reevaluation unless parent and district agree otherwise (§300.303).
  • Age 16 (or younger per state) — first IEP with postsecondary transition goals and services (§300.320(b)).

Penalties for Non-Compliance

Part B does not impose civil monetary penalties on districts. Enforcement is primarily via (a) state complaint procedures (§§300.151-300.153), (b) mediation (§300.506), (c) due-process hearings (§§300.507-300.518), and (d) federal court review (§300.516). Districts that fail to provide FAPE may be ordered to provide compensatory education services. Persistent state-level non-compliance may result in U.S. Department of Education enforcement action under the state's Annual Performance Report (20 U.S.C. §1416). Federal audits identified approximately 35,000 dispute-resolution filings in a single school year (GAO-20-22, 2019).

How IncluShift supports Part B compliance

IncluShift products are research-informed adaptive tools that assist districts with IEP documentation, progress monitoring, and procedural timelines — they do not replace professional judgment or formal evaluation under IDEA. The IncluShift OS district dashboard tracks IEP review dates, evaluation deadlines, transition-goal compliance (Indicator 13), and procedural safeguards notifications. See IncluShift OS and IncluManage.

Official Sources

This page is educational, not legal advice. For advice on IDEA compliance as applied to a specific student or district, consult a qualified attorney licensed in your jurisdiction. Regulations change; verify current text at ecfr.gov.