Responses to Policy Revision to Age of Eligibility
Students with disabilities are entitled to receive a free appropriate public education (FAPE) until their 22nd birthday. Eligibility to receive special education services ends when a student: (1) graduates with a regular high school diploma, or (2) turns 22 years of age, whichever occurs first.
IEPs should be revised in accordance with the circumstances set forth in 34 C.F.R. § 300.324(b).
Re-evaluations should occur in accordance with the circumstances set forth in 34 C.F.R. § 300.303(a).
LEAs are required to provide FAPE, including ESY, if the student’s IEP team determines it is appropriate, until the student turns 22.
Yes. A student with a disability may not be placed in a class in which the chronological age from the youngest to the oldest student exceeds these limits unless an exception is determined to be appropriate by the IEP team of that student and is justified in the IEP (22 Pa. Code § 14.146).
Yes. Each special education class must be composed of at least 28 square feet per student (22 Pa. Code § 14.144(3)(v)).
Yes. Students with disabilities who are 21 years of age should be reported in the October 1 Enrollment, December 1 Child Count, and July Submission PIMS Collections.
Yes.
Yes. School districts will receive both BEF and SEF for students with disabilities if they are 21 years of age and reported in the PIMS submissions for Child Accounting and Act 16, respectively.
Yes. LEAs will receive IDEA funding for students with disabilities who are 21 years of age and are reported in the December 1 Child Count PIMS Collection.
The LEA should remove the student from the sample during the post process and include the student in the PaPOS process for the school year in which they enrolled.
No. These students do not count toward the caseload limitations.