COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF EDUCATION
May 10, 2011
SUBJECT: Educational Services for Students Who Turn 21 Years of Age
During the School Term
TO: School District Superintendents
School District Special Education Directors
Intermediate Unit Executive Directors
Intermediate Unit Special Education Directors
FROM: John Tommasini
Director
Bureau of Special Education
This Penn*Link is being sent to clarify the educational rights of
students with individualized education programs (IEPs) who turn 21
years of age during the school term.
Students who receive programs and services via an IEP and turn 21 years
of age during the school term are legally permitted to complete that
school term. The school term can vary from one local education agency
(LEA) to another. According to 24 P.S. 1-102, school term is defined
as "...The period of time elapsing between the opening of the public
schools in the fall of one year and the closing of the public schools
in the spring of the following year...". The LEA establishes the school
term through the adoption of a school calendar.
According to 24 P.S. 13-1301, "...a child attains the age of 21 during
that school term and who has not graduated from high school may
continue to attend school in his district free of charge until the end
of the school term...". The end of the school term is when staff members
are released after the completion of duties and not necessarily the
last day of instruction for students. For example, the last day of
instruction for students is June 1 and the last day for staff is June
5, the school term ends on June 5.
If you have any questions or require assistance, you may contact
Dr. Malcolm Conner by telephone at (717) 667-3153 or by e-mail at
mconner@state.pa.us.
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