August 30th, 2023:

The MLO Minute: Big News! FAPE and “Adult Education”: Pa Department of Education Extends Eligibility for Special Education to Age 22

By Michael Connolly, Esq., Supervising Partner of Special Education, and Kimberly Caputo, Esq., Senior Counsel Philadelphia Region —

For as long we have been practicing law in the field of education (over 50 years!), Pennsylvania has tied special education eligibility for services under IDEA to a student’s 21^st birthdate and the definition of the school “term” – July 1^st to June 30^th. As a result, students who turned 21 while school was in session, at the end of the school year, or in early summer, would not be eligible for the following school year. In recent years, there has been a push to read IDEA’s eligibility regulations to require services for eligible students through 21, or until the student’s 22^nd birthday to allow for “adult education” which is the case in other states.

As of SEPTEMBER 5, 2023, The Pennsylvania Department of Education (“PDE”) has joined other states, and according to new guidance, eligible students may remain enrolled in the public school district until they turn 22 years of age. This NEW GUIDANCE applies to students who were 21 during the 2022-2023 school year and may have been “exited” from services. This NEW GUIDANCE applies to students who turned 21 during the Summer of 2023. Districts are required to have a plan so parents can take steps to ensure their student can access these services.

If your child was “exited” from special education services this summer as a result of reaching age 21, please check your District’s webpage for new steps to follow if you want your student to continue to receive services. Re-Enrollment will be a step you have to take.

We are monitoring closely and will provide information as it becomes available.

This shift is policy by PDE and is no doubt welcomed news to many families across the Commonwealth of Pennsylvania. We look forward to continuing to assist those families to ensure their children are receiving an appropriate education. Do not hesitate to reach out to us by clicking here.