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Student Accountability Initiatives: Upper Statutory Ages

These laws relate to the maximum age in which the state is obligated to pay for a student's education (these ages do not refer to special education students; however, for states with no upper statutory age laws, the upper statutory age for students with disabilities is given).

Why does it matter? Students who drop out or are otherwise disengaged from learning, but who later have a change of heart - benefit from being allowed to complete the coursework required from a diploma.

Highlights:

  • Upper statutory ages range from 19 to no limit; 11 states do not set upper statutory ages.
  • Upper statutory ages:
    • 19: One state (Montana)
    • 20: Nine states (Alaska, Delaware, Georgia, Illinois, Maine, Michigan, New Jersey, Virginia and Wisconsin)
    • 21: Thirty-one states
    • 22: One state (Indiana)
    • 26: One state (Texas)


    Methodology: This information was collected from state statutes, rules and regulations, and state education agencies, and will be updated as new policies and programs are enacted.

    Sources for all data points are available through this link.

    Last updated: July 30, 2007

    Research conducted by Michael Colasanti. Please contact Jennifer Dounay Zinth at 303.299.3689 or jdounay@ecs.org with comments or questions about this database.
    Upper statutory age
    Alabama Not in statute; however, for students with disabilities, the upper statutory age is 21 years.
    Alaska 20 years
    American Samoa
    Arizona 21 years
    Arkansas 21 years
    California 21 years
    Colorado 21 years
    Connecticut 21 years
    Delaware 20 years
    District of Columbia Adult students may receive educational services as long as they meet all other eligibility criteria.
    Florida Not in statute; however, for students with disabilities, the upper statutory age is 21 years.
    Georgia 20 years
    Hawaii Not in statute; however, for students with disabilities, the upper statutory age is 20.
    Idaho 21 years
    Illinois 20 years
    Indiana 22 years
    Iowa 21 years
    Kansas No upper statutory age
    Kentucky 21 years
    Louisiana 21 years
    Maine 20 years
    Maryland 21 years
    Massachusetts 21 years
    Michigan 20 years
    Minnesota 21 years
    Mississippi 21 years
    Missouri 21 years
    Montana 19 years
    Nebraska 21 years
    Nevada 21 years
    New Hampshire 21 years
    New Jersey 20 years
    New Mexico 21 years
    New York 21 years
    North Carolina 21 years
    North Dakota 21 years
    Ohio 21 years
    Oklahoma 21 years
    Oregon 21 years
    Pennsylvania 21 years
    Puerto Rico Not in statute; however, for students with disabilities, the upper statutory age is 21 years.
    Rhode Island Not in statute; however, for students with disabilities, the upper statutory age is 21 years.
    South Carolina 21 years
    South Dakota 21 years
    Tennessee Local district determines eligibility.
    Texas 26 years
    Utah Not in statute; however, for students with disabilities, the upper statutory age is 22 years.
    Vermont No upper statutory age
    Virgin Islands Not in statute; however, for students with disabilities, the upper statutory age is 21 years.
    Virginia 20 years
    Washington 21 years
    West Virginia 21 years
    Wisconsin 20 years
    Wyoming 21 years


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