Important News from the PA Department of Education

In a significant development, the Pennsylvania Department of Education (PDE) has announced a policy change regarding special education services. As part of a settlement reached in a federal class-action lawsuit, PDE has modified its eligibility policy that previously aged students out of special education services when they turned 21.

The change comes after a lawsuit filed by A.P., a 19-year-old student with multiple disabilities, and his family, challenging PDE’s previous policy for not aligning with the federal Individuals with Disabilities Education Act (IDEA). IDEA guarantees students with disabilities the right to receive individualized support services until they either earn a regular high school diploma or reach the age of 22.

Effective immediately, Pennsylvania has updated its age-out policy. This means that eligible students with disabilities can now continue to receive a free and appropriate public education until their 22nd birthday. Moreover, this policy change applies to eligible students who turned 21 during the 2022-23 school year and were prematurely exited from school under PDE’s old policy. These students will have the option to re-enroll in public school this academic year.

PDE has taken steps to communicate the changes to ensure that families are well-informed. They've sent letters to all families with 21-year-old students with disabilities who may be eligible to continue to receive services. An FAQ about the new policy has also been posted on PDE's website. PDE has also issued this notice and contacted superintendents and special education directors across Pennsylvania, instructing them to contact eligible students and provide them with the option to re-enroll.

This policy update represents an important step toward ensuring that students with disabilities receive the support and education they are entitled to under federal law.