DE HB128

Extends eligibility for special education services for students with disabilities who turn 21 during the 2020-2021 school year until the end of the 2022-2023 school year if necessary to address unfinished post-secondary goals interrupted by the COVID-19 pandemic.

Requires Individualized Education Program (IEP) teams to review and document the specific basis for service extensions and identify transition services needed to support progress toward post-secondary goals.

Exempts students receiving extended services under this provision from the annual unit count calculations under Title 14, § 1703 and requires their services to be funded through the Elementary and Secondary School Emergency Relief Fund.

Clarifies the definition of "free appropriate public education" to prohibit any definition that provides less educational benefit than specified in the statute, while allowing enhanced educational programs consistent with federal court decisions.

Act expires on August 31, 2022.