Early Childhood Special Education: IDEA Rules for Ages 3 to 5

Estimated reading time: 15 minutes

Early childhood special education (ECSE), also called preschool special education, is the special education and related services that public agencies must provide without charge to eligible children with disabilities ages 3 through 5 under Part B of the Individuals with Disabilities Education Act (IDEA), with an IEP, or in some cases an IFSP, in effect by the third birthday (34 CFR 300.101). Section 619 of IDEA adds preschool grants, available only to states that make a free appropriate public education (FAPE) available to all children with disabilities ages 3 through 5 (20 U.S.C. 1419(b)). This guide covers the law, child find, eligibility, the transition from Part C, preschool IEPs, settings, outcomes, Texas and New York, and funding. It describes rules, not legal advice: check your state’s rules and consult district counsel.

Executive Summary

In the 2024-25 school year, 603,652 children ages 3 through 5 not yet in kindergarten were served under IDEA Part B, 7.4% of the 8.2 million served ages 3 through 21, according to the U.S. Department of Education’s Office of Special Education Programs (OSEP). Developmental delay (46%), speech or language impairment (31%) and autism (18%) covered most of them. The 7.4% and these shares are our calculations from OSEP’s counts.

Section 619 grants totaled $420 million in FY2026, about $696 per child. The duties, however, are the full Part B duties: timely transitions from early intervention, inclusive placements and reliable outcome data.

What Is Early Childhood Special Education?

Early childhood special education is the Part B system for children ages 3 through 5: the same IDEA rights as older students (evaluation, an IEP, FAPE in the least restrictive environment, procedural safeguards), delivered in preschool settings.

FAPE expressly includes “an appropriate preschool” education (34 CFR 300.17). Congress added incentives for serving ages 3 to 5 in 1986 (P.L. 99-457), and all states now mandate these services, according to the OSEP-funded Early Childhood Technical Assistance Center (ECTA). See our guide to the Individuals with Disabilities Education Act.

Early Childhood Special Education vs Early Intervention

Early intervention under Part C serves children under age 3 and their families; ECSE begins at age 3.

The Legal Framework: Part B and Section 619

Two layers of federal law govern ECSE: the Part B duties owed to every eligible child ages 3 through 21, and the section 619 preschool grants (20 U.S.C. 1419; 34 CFR 300.800-300.818).

• Start date: FAPE begins no later than the third birthday; for a summer birthday, the IEP team sets the start date (34 CFR 300.101(b)).
• Two-year-olds: at state discretion, grants may serve those who turn 3 during the school year (300.800(b)).
• Grant condition: Part B allows an exception for ages 3 to 5 where state law or practice conflicts (300.102(a)(1)), but section 619 eligibility requires FAPE for all children ages 3 through 5 (34 CFR 300.804).
• Extended Part C: a state may let parents keep early intervention after age 3, at most until the child can enter kindergarten (34 CFR 303.211).

Child Find for Preschool Children

Child find requires each state to identify, locate and evaluate all children with disabilities who need special education and related services, including homeless children, wards of the state and children in private schools (34 CFR 300.111(a)).

Families, doctors, and Head Start and child care teachers can refer a preschooler, but no evaluation happens without written parental permission, ECTA notes. The evaluation is due within 60 days of consent, or the state’s timeline (34 CFR 300.301(c)). “An evaluation cannot be delayed if the school and family do not agree to try other supports or strategies first,” ECTA writes, listing OSEP Memo 16-07 (April 29, 2016) among its resources; the Department’s IDEA policy guidance page still showed the memo without a rescission notice in October 2026. See special education evaluation.

Eligibility and Developmental Delay

A preschooler is eligible when an evaluation finds an IDEA disability, or a developmental delay as the state defines it, and a resulting need for special education and related services (34 CFR 300.8(a)-(b)).

The delay may be in physical, cognitive, communication, social or emotional, or adaptive development, “as measured by appropriate diagnostic instruments and procedures.” The state chooses ages 3 through 9 or a subset; it cannot force districts to use the term, and districts cannot use it if the state has not adopted it (300.111(b)). Shares below are our calculations from OSEP’s 2024-25 counts and do not add to 100% because OSEP suppresses small cells; see IDEA disability categories.

The Transition From Part C to Part B at Age 3

For a toddler in early intervention who may be eligible for preschool services, the Part C lead agency must notify the district and, with the family’s approval, hold a transition conference at least 90 days before the third birthday, and an IEP, or IFSP, must be developed and implemented by that birthday (34 CFR 303.209; 300.124).

States report this as Indicator 12, with a required 100% target. Among other exclusions, the measure leaves out children whose parents’ refusal to consent caused delays, children found eligible for Part C less than 90 days before age 3, and children whose parents chose extended Part C. See our SPP/APR guide.

The Preschool IEP, or an IFSP

A preschool IEP has the same parts as any IEP, with present levels describing “how the disability affects the child’s participation in appropriate activities” (34 CFR 300.320(a)(1)(ii)).

For ages 3 through 5, the team must consider an IFSP, including an educational component with pre-literacy, language and numeracy skills. It may serve as the IEP if state policy allows and the agency and parents agree, after a detailed explanation of the differences and written informed consent (34 CFR 300.323(b)).

An Example Preschool IEP Excerpt

This original excerpt about a fictional child is an example to adapt to your forms. Leo, age 3, left early intervention last month and is eligible under developmental delay.

More preschool goals are in our IEP goal bank.

Preschool Settings and the Least Restrictive Environment

LRE rules apply to preschoolers, and the first option considered is the regular public preschool program the child would attend without a disability, with supplementary aids and services, according to OSEP’s Dear Colleague Letter of January 9, 2017, still posted as of October 2026.

Without a district preschool, options include Head Start, community child care, private preschools and home-based services. A regular early childhood program has at least 50% children without disabilities in federal data. Shares below are our calculations from OSEP’s counts.

Grouped with the Indicator 6 formulas, OSEP’s counts give 44.4% for 6A, 29.2% for 6B (separate settings) and 2.4% for 6C (home), our calculations. See the least restrictive environment.

Preschool Outcomes: Indicator 7

Indicator 7 measures the percent of preschoolers with IEPs who improve in positive social-emotional skills, acquisition and use of knowledge and skills (including early language/communication and early literacy), and use of appropriate behaviors to meet their needs.

Only children served at least six months count. ECTA describes the Child Outcomes Summary (COS) as “a team decision-making process” that rates functioning “relative to age-expected behavior”; for states using it, OSEP treats a rating of 6 or 7 as comparable to same-aged peers. Summary Statement 1 is the share entering below age expectations who substantially increased their rate of growth; Summary Statement 2, the share within age expectations by age 6 or exit.

The national figures, from ECTA and DaSy’s Child Outcomes Highlights, cover 42 states with high-quality data. Statement 2 stood at 56%, 52% and 61% in FFY 2020; some states cited changes in populations, data collection and data quality among the reasons for declines.

Early Childhood Special Education in Texas and New York

Texas serves preschoolers through district ECSE programs and ARD committees; New York, through committees on preschool special education and approved providers.

Texas

TEA calls ECSE “a state and federally mandated program” for ages 3 through 5 not in kindergarten, delivered in pre-K classrooms, homes, Head Start or preschools.

• Ages: services start on the third birthday; FAPE starts at birth for students with visual impairments or who are deaf or hard of hearing (19 TAC 89.1035).
• Developmental delay: allowed since 2024-25 for ages 3 through 9, with criteria such as 2 standard deviations below the mean in one area (19 TAC 89.1040(c)(13), (d)).
• Noncategorical early childhood: not used for new identifications since 2025-26 (19 TAC 89.1040(d)(3)).
• Data: 40,475 children in 2024-25, 26.5% in a regular program with most services there (OSEP, our calculation).

New York

The committee on preschool special education (CPSE) decides eligibility and recommends services under Education Law section 4410 (8 NYCRR 200.3(a)(2), 200.16). Eligibility begins January 2 of the year a child turns 3 if the birthday falls before July 1, otherwise July 1 (8 NYCRR 200.1(mm)). An approved evaluator chosen by the parent evaluates, the CPSE recommends within 60 calendar days of consent, and the municipality contracts with the provider. See our committee on special education and CPSE guide.

Funding and Staffing

Section 619 grants received $420 million in FY2026, unchanged since FY2023, about $696 per child, according to the Department’s FY2027 budget justification.

• States: a FY1997 base, then 85% by population ages 3 through 5 and 15% by poverty (34 CFR 300.808).
• State reserve: capped at 25% of the FY1997 grant, adjusted yearly, with at most 20% of the cap for administration (300.812-300.813).
• Districts: a base, then 85% by enrollment and 15% by poverty, even districts serving no preschoolers (300.815-300.816).

FY2027 began under a continuing resolution at the FY2026 rate through December 11, 2026 (P.L. 119-103), and no full-year education appropriation had been enacted as of October 2026. The Administration’s FY2027 request would fold Preschool Grants into Grants to States; the House committee bill keeps $420 million (H. Rept. 119-696). Forty-five states reported special education teacher shortages in 2024-25 (Learning Policy Institute). See special education funding.

Common Mistakes District Leaders Make

1. Starting at the third birthday. The conference window opens nine months earlier.
2. Asking families to “try supports first” when a disability is suspected.
3. Placing by program availability. No district preschool does not justify a separate class.
4. Counting services delivered away from peers as received in the regular program.
5. Using developmental delay outside the state’s definition or ages (300.111(b)(3)).
6. Adopting an IFSP without the explanation and written consent (300.323(b)(2)).
7. Treating COS ratings as paperwork. Indicator 7 depends on them.
8. Planning kindergarten late. An IEP must be in effect when school starts (300.323(a)).

Questions District Leaders Should Ask

• How many Part C referrals had an IEP in effect by the third birthday?
• Where do our preschoolers receive most of their services?
• Which community programs could be regular early childhood settings?
• Does our state allow developmental delay, and for which ages?
• Do our COS ratings match what families and teachers see?

Frequently Asked Questions

What is early childhood special education?

Early childhood special education is the special education and related services that public school districts provide without charge to eligible children with disabilities ages 3 through 5 under IDEA Part B. Each child has an IEP, or sometimes an IFSP, in effect by the third birthday, with services in the least restrictive setting, often a regular preschool, Head Start or child care classroom.

What is IDEA Part B section 619?

Section 619 (20 U.S.C. 1419) is IDEA’s preschool grant program: formula grants that help states serve children with disabilities ages 3 through 5, and at state discretion 2-year-olds who turn 3 during the school year. A state qualifies only if it makes FAPE available to all children with disabilities ages 3 through 5. FY2026 funding was $420 million.

Who is eligible for preschool special education?

A child ages 3 through 5 is eligible when an evaluation shows an IDEA disability, or a developmental delay as the state defines it, and a resulting need for special education and related services (34 CFR 300.8). Each state decides whether to use developmental delay and for which ages between 3 and 9.

What is the difference between an IFSP and an IEP?

An IFSP is the Part C plan for a child under 3 and the family: it includes family priorities, names a service coordinator and is reviewed every six months. An IEP is the Part B plan for the child’s education, reviewed at least annually. For ages 3 through 5, an IFSP may serve as the IEP if state policy allows it, the district agrees and parents give written informed consent.

When does the transition from Part C to Part B happen?

Planning can start nine months before the third birthday. The Part C lead agency must notify the district and hold a transition conference at least 90 days before that birthday, with the family’s approval. The district evaluates the child and must have an IEP, or an IFSP, developed and implemented by the third birthday (34 CFR 300.124).

Where do preschoolers receive special education services?

In 2024-25, 60.6% of children ages 3 through 5 with IEPs attended a regular early childhood program, and 44.4% received most services there. Others were served in separate classes (26.9%), at a service provider location (7.9%), at home (2.4%) or in separate schools, according to our calculations from OSEP counts. The IEP team decides each child’s setting.

What is early childhood special education in Texas?

In Texas, Early Childhood Special Education (ECSE) serves eligible children ages 3 through 5 not in kindergarten, free through public schools, in settings such as pre-K, Head Start, preschools or the home. Services start on the third birthday. Districts may use developmental delay since 2024-25, and noncategorical early childhood is no longer used for new identifications.

Related Resources

• Least Restrictive Environment (LRE)
• SPP/APR: IDEA Part B Indicators
• IEP Goal Bank, With Preschool Goals
• Committee on Special Education and CPSE
• IDEA Disability Categories
• Special Education Evaluation

Conclusion

Early childhood special education gives children ages 3 through 5 every IDEA right on tighter clocks and with more partners. Districts that do it well plan transitions months ahead, evaluate without delay, look first to regular early childhood programs and treat outcome ratings as data.

Sources: 20 U.S.C. 1419, Preschool grants; 34 CFR Part 300, Subpart H, Preschool Grants for Children with Disabilities; U.S. Department of Education, OSEP, 2024-25 Static Tables (Part B Child Count & Educational Environments); OSEP, Part B SPP/APR Indicator Measurement Table (FFY 2024 submission); ECTA Center, Part B, Section 619 Overview; ECTA Center, Referring a Child for Evaluation for Special Education; ECTA Center, Child Outcomes Summary (COS) Process; U.S. Department of Education, FY2027 Budget Justification, Special Education; P.L. 119-103, Continuing Appropriations and Extensions Act, 2027; 19 TAC Chapter 89, Subchapter AA (TEA, October 2026 update); Learning Policy Institute, An Overview of Teacher Shortages: 2026. Other sections of 34 CFR Parts 300 and 303 are linked where cited.

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