UPDATE: Pa Dept. of Education (PDE) Policy on Special Education Eligibility

Update: May 24, 2024

The PDE appealed the Commonwealth Court’s decision to the Supreme Court of Pennsylvania. As a result, the Commonwealth Court’s decision is stayed pending resolution of the appeal or further order of the court. Reverting to the direction provided in August 2023.

This means that children with disabilities ages 3 through 21 who reside in Pennsylvania are eligible to receive special education services until they turn 22.

Update: May 16, 2024

To resolve a federal class action suit brought against the Pennsylvania Department of Education challenging the practice in Pennsylvania of exiting students from special education during the school year in which they turn 21, PDE entered into a Settlement Agreement and Release wherein it agreed to extend special education eligibility until a student’s 22nd birthday. Several school districts in Pennsylvania filed suit in the Pennsylvania Commonwealth Court asserting, among other things, that the agreement to change the age special education eligibility terminates amounts to a regulation, and therefore, PDE violated the rulemaking requirements of the Commonwealth Documents Law (“CDL”).

The Commonwealth Court of Pennsylvania invalidated the policy requiring the education of students with disabilities through age 22.

Update: August 30, 2023

Effective no later than September 5, 2023:

The Commonwealth of Pennsylvania ensures that all children with disabilities ages 3 years through 21 years residing in Pennsylvania have the right to a FAPE, including children with disabilities who have been suspended or expelled from school. The commonwealth shall make FAPE available to a child with a disability eligible under IDEA until the student turns 22. Notwithstanding any other provision of law to the contrary, a child eligible under IDEA who attains the age of twenty-one (21) years may remain enrolled in their resident district free of charge until their 22nd birthday.