PA Students with special needs could age-out of schools earlier under new court decision
A court decision issued last week could leave older students with disabilities in Pennsylvania and their families scrambling at the end of this school year.
A rule change, called the “new age-out plan,” went into effect Sept. 5, extending the age of eligibility for special education services and entitling students to Free Appropriate Public Education (FAPE) until their 22nd birthday.
Previously, students were entitled to FAPE through the end of the school year in which they turned 21.
In an Aug. 30 letter to school districts, the Pennsylvania Department of Education said the change would ensure students with disabilities have access to FAPE consistent with the Individuals with Disabilities Act (IDEA).
But on Thursday, Pennsylvania Commonwealth Court ruled to rescind the new age-out plan, deeming it void from the beginning and unenforceable.
The decision was made in favor of Central Bucks School District, along with the Pennsylvania School Boards Association and two other Pennsylvania school districts, who filed a suit against the state department, requesting relief from the new plan.
The districts argued they were given “a mere six days” notice of the new age-out plan, months after they finalized annual budgets, and as a result, “did not budget for the new, additional services they would need to provide to eligible students, and they are now ineligible for related funding.”
They said the education department “did not follow the required rulemaking procedures to implement it, nor did it submit it to the Legislative Reference Bureau as required by the Regulatory Review Act.”
Court decision appealed by Pennsylvania Department of Education
On Tuesday, the education department said it appealed the court’s ruling to the Supreme Court of Pennsylvania, resulting in a stay of the decision pending a resolution to the appeal or further order from the court.
The department also, in a letter to school districts, pointed out that the court did not take a position on its interpretation of IDEA and its plan for schooling until 22. Officials said the decision was based on the rulemaking, procedural process.
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What happens to students with disabilities who turned 21 this school year in Pennsylvania?
While the appeal is pending, those students who have not yet turned 22 remain eligible for free and appropriate public education, including access to extended school year services.
If the lower court’s decision is affirmed, students who turned 21 during the 2023-2024 school year, will graduate from their high school in June and they will no longer have access to public education services.
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Reporter Michele Haddon covers local news, small business, economic development, community revitalization, art and culture for The Intelligencer and Bucks County Courier Times at PhillyBurbs.com. Please considering supporting local journalism with a subscription.
This article originally appeared on Bucks County Courier Times: Court voids new age-out plan for PA students with disabilities
