25 CFR § 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.
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