Until recently, Washington State typically ended special education services for a student as soon as they they were 21 years old. Now that rule has changed, and these services are available to qualifying Washington students until the end of that school year!
At this point, Washington law and the United States Individuals with Disabilities Education Act (IDEA) are not in agreement, and the Washington law may need to change. More information will become available over time. Still, the new ruling is especially important for students who are 21 years old at the end of this school year.
The 9th Circuit’s decision is that:
Students eligible for special education services can receive services until their 22nd birthday, even if their birthday is in the middle of the school year. The student continues to qualify for special education until they turn 22 if:
- Their individualized education program (IEP) team recommends, and
- The student has not received a high school diploma.
According to a Q&A document provided by OSPI (Washington Office of Superintendent of Public Instruction), school districts should identify 21-year-old students on IEPs who haven’t yet received diplomas. They should hold IEP team meetings to discuss whether each student is “on track to graduate with a diploma or age out and whether the IEP team believes the student requires additional services over the summer or into the 2024–25 school year, until their 22nd birthday.”
You can learn more about the US Court ruling and how it may impact your students in this OSPI Q&A document.
