July 2022 —
The MLO Minute: “Extra School Year Update!” By, Kimberly Caputo, Esq., Lead Philadelphia, Pa Special Education attorney for MLO —
Pennsylvania parents (foster parents included) have an opportunity to elect to have a student who turned (21) during the 2021-2022 school year, or who is turning 21 before the start of the 2022-2023 school year, to RE-ENROLL for the 2022-2023 school year and continue to receive IDEA services.
This is being referred to as ACT 55 which was signed by Governor Wolf on July 8th, 2022. The Pennsylvania Department of Education (“PDE”) must now take steps to assist parents.
- Students with IEPs who turned 21 during the 2021-22 school year or during 2022 ESY (Extended School Year) and would otherwise be “exited” from service due to age, can elect to return to school for full IEP services in September 2022.
- Students with IEPs who turn 21 after 2022 ESY but before the start of the 2022-2023 school year and would otherwise be “exited” from service due to age, can elect to return to school in the Fall of 2022.
- If this option is right for the student, a parent MUST RE-ENROLL BY AUGUST 1st, 2022. PDE must complete a Pennsylvania Department of Education form to assist parents and our firm is watching out for it!
Returning to school at age 21 is a big decision involving many factors. We are here to help. Please keep checking in for more updates and information!