Providing services to help students with disabilities prepare for adult life is critically important. The federal Individuals with Disabilities in Education Act (IDEA) is clear about public schools’ responsibility to support this transition: students with disabilities can receive a free and appropriate public education until they turn 22. But for years, Pennsylvania has been aging students out of special education services prematurely, terminating services at the end of the school year during which students turn 21. This early age-out can deprive students of many months of critical support they have a right to receive under federal law.
On July 11, 2023, we and Berney & Sang represented students with disabilities and their families in a federal class action lawsuit against the Pennsylvania Department of Education (PDE), challenging the premature age-out policy. As part of a settlement reached before the start of the 2023-24 school year, Pennsylvania updated its age-out policy to allow students to receive special education services in public schools until their 22nd birthday.
Disappointingly, three school districts and the Pennsylvania School Boards Association (PSBA) immediately challenged the policy in state court—and on May 16, 2024, Commonwealth Court ruled that the policy was not valid because PDE failed to follow certain state law procedures. PDE filed an appeal to the Pennsylvania Supreme Court, which automatically stayed the ruling overturning the policy. PSBA has challenged the stay, and litigation in state court is ongoing.
While parents and students wait for a clear resolution, federal law has not changed, and students with disabilities have the right to continue to receive public education until they turn 22. We are continuing to work with families across Pennsylvania to ensure that this right is respected, and that students can receive the support they need.
