Lower Merion Lawsuit Prompts Change In PA 'Age Out' Rule For Students

LOWER MERION TOWNSHIP, PA — After the family of a Lower Merion School District Student filed a federal lawsuit seeking to change Pennsylvania's age out policy for high school students with disability, the state Department of Education has amended its policy.

A class action suit was filed against the Pennsylvania Department of Education on July 11 in federal court.

The student, referred to only as "A.P." in filings, is a 19-year-old student with disabilities from Villanova who attends school in the Lower Merion School District.

According to the suit, the state's age out policy forced students with disabilities who are 21 years old to graduate or leave school, which goes against the Individuals with Disabilities Education Act by not providing students with a free appropriate public education.

Despite A.P. being just 19 when the suit was filed, his family preemptively sought to change the policy to ensure he received another year of education, in accordance with the Individuals with Disabilities Education Act.

The Individuals with Disabilities Education Act says students with disabilities can remain in schools until they are 22.

However, the Pennsylvania Department of Education has since made a change in its age out policy.

"Effective September 5, 2023, all students receiving special education services may remain enrolled in public school until they turn 22 years of age," a department spokesperson told Patch in an email.

The representative did not respond to Patch when asked if the suit had any sway in deciding to change the policy.

"PDE is actively working to notify eligible students and their families, as well as our school partners so they can prepare to implement this policy change." the spokesperson said.

A new page on the department's website provides resources and answers to frequently asked questions about the policy shift.

Learn more about the new policy online here.