October 2023
A new provision in Minnesota provides special education and services to children with disabilities until the age of 22, as opposed to the previous version of the law which allowed for services until the age of 21. MDE released this document to provide guidance to the public on the newly enacted Minnesota law.
When does a child’s eligibility for a free appropriate public education (FAPE) terminate under Part B of the Individuals with Disabilities Education Act (IDEA)?
Eligibility for services under the IDEA Part B terminate when one of the following occur:
- After the completion of an evaluation, it is determined that the child no longer has a disability as defined under the IDEA (34 C.F.R. §§ 300.305(e)(1) and 300.306(a)(1);
- The child graduates from high school with a regular high school diploma (34 C.F.R. § 300.102(a)(3)(i)); or
- The child exceeds the maximum age for receiving FAPE (34 C.F.R. § 300.101(a) and Minn. Stat. 125A.03).
When does a child with a disability exceed the maximum age for receiving a FAPE under Minnesota law?
As of July 1, 2023, the maximum age for a child with a disability to receive a FAPE in Minnesota is 22. See Chapter 55 ‐ Minnesota Laws (amending Minn. Stat. 125A.03(b).
What if a child with a disability reaches age 22 during the school year or during an extended school year program?
When the child reaches the age 22, the child’s eligibility terminates, regardless of when this occurs. There is no law allowing a child to continue with eligibility until the end of the school year (Minn. Stat. 125A.03).
Does a child whose eligibility for a FAPE terminated effective July 1, 2023, under Minnesota’s previous law (Minn. Stat. 125A.03(b)), continue to be eligible for special instruction and services?
If the child has not graduated from high school with a regular diploma, is still a child with a disability under IDEA, and has not yet reached the age of 22, the child is still eligible for special education and services until they reach the age of 22 (K.O v. Willie L. Jett, II, 0:21‐cv‐01837‐PJS‐DJF, Doc. 69, (D. Ct. Minn. Aug. 25, 2023).