Provision of Services Until Age 22
On May 23, 2024, the 9th Circuit Court of Appeals ruled that Washington state must provide special education services to students until they turn 22. This decision is based on the availability of adult education programs, which triggers an obligation under the IDEA (Individuals with Disabilities Education Act). As a result, students are entitled to a free appropriate public education (FAPE) from ages 3 to 21, inclusive, meaning through their 22nd birthday.
What Happens When a Student Turns 22?
Special education services will end on the student's 22nd birthday, even if it falls in the middle of the school year. However, districts have the option to continue providing services until the end of the term, although they won't receive funding for students over 21. This decision will be up to the individual district and should be made in consultation with legal counsel.
IEP Team Meetings
IEP (Individualized Education Program) teams should meet at the end of the 2023-24 school year for students who are 21 and discuss their graduation plans. If a student has not received a high school diploma, the IEP team should determine if additional services are needed until the student's 22nd birthday.
Factors for Continued Services
The IEP team should consider various factors to determine if a student needs services until their 22nd birthday. These include:
- Progress on annual and transition goals
- Whether post-secondary goals have been met
- Connection to other agencies like the Division of Vocational Rehabilitation (DVR) and Developmental Disabilities Administration (DDA)
- Student's unique, disability-related needs
What If Services Are Needed Until Age 22?
If the IEP team determines that a student needs services until age 22, they will likely need to develop a new annual IEP. This includes setting new goals and determining the type, provider, location, and duration of services. The district must document these needs and provide a plan for compensatory education if services can't be implemented immediately due to staffing or funding barriers.
Funding and Apportionment
Currently, there is no state funding for students who turn 22 during the 2024-25 school year. However, districts can seek reimbursement via Safety Net for services provided during the summer of 2024 and the 2024-25 school year. Districts should not include these students in monthly enrollment reporting at this time.
Graduation Requirements
If the IEP team determines that a student has met graduation requirements and no longer needs special education services, the student should be graduated and issued a diploma. If there is a disagreement, parents can use the special education dispute resolution process to address their concerns.
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