Regulations last checked for updates: May 16, 2024

Title 25 - Indians last revised: Mar 22, 2024
§ 39.106 - Who is eligible for special education funding?

To receive ISEP special education funding, a student must be under 22 years old and must not have received a high school diploma or its equivalent on the first day of eligible attendance. The following minimum age requirements also apply:

(a) To be counted as a kindergarten student, a child must be at least 5 years old by December 31; and

(b) To be counted as a first grade student; a child must be at least 6 years old by December 31.

authority: 25 U.S.C. 13,2008; Public Law 107-110, 115 Stat. 1425
source: 44 FR 61864, Oct. 26, 1979, unless otherwise noted. Redesignated at 47 FR 13327, Mar. 30, 1982.
cite as: 25 CFR 39.106