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Court ruling allows students with disabilities more time to transition

Pennsylvania students with disabilities may now stay in school longer before transitioning to adult life.

The Pennsylvania Department of Education announced a change to policy last week that will allow students with disabilities to continue to attend school until age 22, effective yesterday.

The change affects the federal age of eligibility for Free and Appropriate Public Education. Previously, students were allowed to maintain enrollment in public school free of charge until they graduated or the reached the end of the school year after they turned 21.

“This policy revision follows Act 55 of 2022 and makes sense for students and families transitioning from public school to adult programs. Parents of eligible children exiting public school that are not enrolling in a college or career program or suffer from more significant disabilities often struggle with accessing adult programming and/or navigating community resources,” Warren County School District Director of Pupil Services Dr. Patricia Mead said. “The transition from public school to independent or assisted living for a child with disabilities includes barriers that our non-disabled population doesn’t encounter. Perhaps this legislative change will make the transition easier for some families.”

According to Mead, the transition to adult services for students in the district with disabilities starts early and can be a long process.

“The WCSD works with families from age 14 through graduation, or age 22, formerly 21, in developing transition planning goals, services, and supports,” she said. “The transition from school to adult life can be a significant challenge for our high incidence population, particularly because this population has the right to access FAPE without any burdens or financial responsibilities from the date of enrollment in public school until graduation or age 21, and then one day the protections and services in the public school system are gone. This is definitely a challenge that many of us don’t think about.”

The change follows a federal suit brought against the state by lawyers representing a student in Lower Merion School District, outside of Philadelphia. The decision brings the state in line with federal law and follows similar decisions in other states. Under the change, impacted students who left school last June but were not yet 21 may re-enroll.

“The change in age of eligibility For Free and Appropriate Public Education includes two eligible students in Warren County – one of the students will return to school and the other will not,” Mead noted. “The special education team is excited with the opportunity to help the returning student complete graduation requirements after the age of 21.”

The change does put an additional financial burden on the district, however. “The new regulation places the responsibility of additional unfunded mandates on a district,” Mead noted. “There are resources… for a district to recoup some of the expenses, however the initial responsibility is with the district.

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