As a Special Education Director, staying updated on the latest legal requirements is crucial. Recently, Washington state has been required to provide special education services to students until they turn 22. This change is due to a ruling by the 9th Circuit Court of Appeals, which determined that adult education programs trigger an obligation under the IDEA to extend services to eligible students through their 22nd birthday.
Here are the key points you need to know:
- Why the Change? The 9th Circuit Court's ruling on May 23, 2024, in the case of N. D. v. Reykdal concluded that students eligible for special education must receive services until their 22nd birthday, bringing Washington state law in conflict with the IDEA.
- Service Duration Special education services will end on the student's 22nd birthday, even if it falls mid-year, unless the Legislature decides otherwise.
- District Discretion Districts can choose to continue services until the end of the school term in which the student turns 22, but they are not required to do so.
- IEP Team Responsibilities IEP teams should meet to discuss the needs of 21-year-old students and determine if additional services are required until the student turns 22.
- Transition Services The type, provider, location, and duration of services should be based on the student's unique needs and not on the district's schedule or model.
- Funding Currently, there is no state funding for these additional services, but districts should begin planning to serve these students regardless of funding sources.
Districts must document decisions about continuing services and consult with legal counsel to navigate these changes effectively. The IEP team plays a crucial role in determining the best course of action for each student, considering their progress, needs, and connection to other agencies.
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