---
kind: "section"
citation: "25 C.F.R. § 39.106"
title: "25"
number: "39.106"
heading: "Who is eligible for special education funding?"
url: "https://uscodex.org/cfr/25/39.106"
---

# §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.

## Notes

### Source

Source: 70 FR 22205, Apr. 28, 2005, unless otherwise noted.

### Authority

Authority: 25 U.S.C. 13, 2008; Public Law 107-110, 115 Stat. 1425.

### Source

Source: 44 FR 61864, Oct. 26, 1979, unless otherwise noted. Redesignated at 47 FR 13327, Mar. 30, 1982.