Chapter 223 of the Laws of 2022 provides that a school district may provide educational services in the 2022-23 and 2023-24 school years to a student who turned 21 years old during the 2021-22 school year and was enrolled in the school district and receiving special education services pursuant to an individualized education program. This law does not amend the statute governing state aid eligibility for students with disabilities over the age of 21. Services for students with disabilities over the age of 21 continue to be ineligible for state aid.

The Department previously issued a memorandum on the use of certain federal funds for this purpose. This memorandum clarifies that a Local Educational Agency (LEA) may, in its discretion, use a portion of its federal ESSER or GEER allocations to provide recovery services to support students over the age of 21 who have lost instructional time due to the COVID-19 pandemic.

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