June 3, 2024 – If your child turns 22 during the 2024-25 school year, and you have questions about their right to continue receiving special education services until their 22^nd birthday, please contact attorneys with the Public Interest Law Center to learn more.

• Caroline Ramsey, cramsey@pubintlaw.org, 267-546-1314
• Claudia De Palma, cdepalma@pubintlaw.org, 267-546-1313

Federal law is clear: students with disabilities have the right to receive a free and appropriate education (FAPE) until they turn 22 under the Individuals with Disabilities in Education Act (IDEA). Responding to a federal class action lawsuit we filed last summer, the Pennsylvania Department of Education (PDE) revised their statewide eligibility policy for special education students on August 31, 2023 to conform with federal law.

PDE’s policy was challenged in state court by three school districts and the Pennsylvania School Boards Association, and on May 16, 2024, the Commonwealth Court ruled that the policy was not valid because PDE did not follow certain state law procedures when it revised its policy. Importantly, however, the court did not consider the question of what the IDEA requires and the court’s decision does not change the fact that, under federal law, eligible students are entitled to receive a FAPE until their 22^nd birthday. On May 20, PDE filed an appeal of the Commonwealth Court decision to the Pennsylvania Supreme Court, which automatically stayed the Commonwealth Court’s ruling.

Ensuring that Pennsylvania school districts respect the federal rights of students with disabilities is critically important, as the services and supports students with disabilities receive in their final year of school are essential to ensuring their successful transition to adult life.

Several families faced with uncertainty about their children’s services in the wake of the Commonwealth Court decision have shared their stories with reporters:

• Students with disabilities turning 22 are in limbo after a court ruled against the state. Here’s what it means. – Philadelphia Inquirer, May 23, 2024
• Ruling on PDE policy change may rob Wyoming Area student of final year of education – Times Leader, May 25, 2024
• Special needs students in PA ‘in limbo’ as court weighs plan to extend services to 22 – Philly Burbs, May 30, 2024

Please reach out to the attorneys listed above if you have any questions or concerns about your student’s right to continue receiving special education and services until their 22nd birthday.