House Bill 454

This Act revises the Code to be consistent with federal law. The Individuals with Disabilities in Education Act (IDEA) requires states to make a free appropriate public education (FAPE) available to all children with disabilities “between the ages of 3 and 21, inclusive.” 20 U.S.C. § 1412(a)(1)(A). The term “inclusive” requires states to extend eligibility until a student’s 22nd birthday. The IDEA allows states to limit the age of eligibility for FAPE to students between the ages of 18 through 21 only to the extent state law, practice, or court order limits the provision of public education to all children within those age ranges. 20 U.S.C. § 1412(a)(1)(B). In Delaware, state law and practice provide public education to adults without age limitation. Delaware is one of the few states that has developed a public adult high school, the James H. Groves Adult High School, accommodating those needing an alternative to a regular day-school program. As such, federal law requires Delaware to extend eligibility for children with disabilities through their 22nd birthday. Current statute and regulation extend eligibility to the end of the school year in which a child with a disability turns 21, this Act proposes to keep the established exit point to minimize service interruptions and only change the age from the end of the school year in which a child turns 21 to the end of the school year in which a child turns 22.