Pittsburgh Public Schools (PPS) is one of three school districts suing the state’s Department of Education over a rule that allows students receiving special education services to remain enrolled until they turn 22 years old.
Under previous state guidelines, students with disabilities were only entitled to educational services until the end of the school year in which they turned 21. The Pennsylvania Department of Education announced its decision to change that in a memo sent to school districts late last month, adding that it would take effect no later than September 5.
Alongside the Pennsylvania School Boards Association (PSBA) and two Philadelphia-area school districts, PPS filed a lawsuit with Commonwealth Court of Pennsylvania six days later, alleging that the agency failed to follow the necessary legislative and regulatory avenues needed to enact such a change.
“This is strictly seeking a ruling that will invalidate this guidance and compel the department to change the guidance in the normal way, which is through a process that allows all stakeholders to be heard,” said PPS attorney Ira Weiss.
As a result, PPS and the other plaintiffs are seeking an injunction that would stop the state from implementing the new age-out rule and draft a new one with additional district input.
According to the Department of Education’s memo, the change was meant to bring the state into alignment with age requirements outlined in the federal Individuals with Disabilities Education Act (IDEA), a law that ensures children with disabilities have access to a free appropriate public education.
States are mandated to provide that level of education to all children with disabilities “between the ages of 3 and 21, inclusive” under IDEA, meaning students are entitled to those education services all throughout their 21st year.
But until this school year, Pennsylvania students with disabilities were only able to utilize school special education services until the end of the school year in which they reached their 21st birthday — due to a discrepancy between state and federal provisions.
That discrepancy was the subject of a class-action lawsuit brought against Pennsylvania’s Department of Education. The agency adopted the new age-out policy as part of its settlement last month.
Officials with the Public Interest Law Center, which represented the Chester County family that filed the lawsuit, said they are confident the new rule falls within the agency’s domain.
“Federal law is clear: students entitled to special education services have the right to receive a free and appropriate public education until they turn 22,” the Public Interest Law Center said in a statement. “We are confident that PDE’s new policy, which reflects the Commonwealth’s legal obligations under the IDEA, will stand, and that students will continue to be able to receive these services at a critical juncture in their lives.”
Districts say they didn’t budget for the ‘unexpected’ change
Under the new rule, special education students who previously exited the school system but have not yet turned 22 are permitted to re-enroll.
As of now, that only applies to 37 former Pittsburgh Public Schools students. According to Patti Camper, who oversees the district's special education program, just six of those students have actually re-enrolled in the district, with most families declining to take advantage of the change.
“But, potentially, it exposes the district to the obligation to educate any student who [has] a IEP until the age of 22, and there are costs involved in terms of the cost of education, the cost of transportation,” Weiss said. “Many of these services are provided by outside providers — so there are significant expenses involved.”
Weiss said extending the duration of services could require the district to spend an additional $1 million or more. In the court filing, the suing districts said they did not receive advance warning of the change, and therefore did not budget for services they are now obligated to provide.
Legislative proposals passed around
PPS board members signed off on the district’s decision to join the lawsuit during an executive session meeting earlier this month. But PPS board member Pam Harbin said that she now regrets that decision.
“I do not believe that allowing students with disabilities to receive a free and appropriate education until they turn 22 requires an amendment or modification of Pennsylvania's statutes or regulations as the lawsuit claims,” Harbin said in a statement to WESA. “Therefore, after careful consideration, I cannot in good conscience support Pittsburgh Public School's involvement in this lawsuit as I know the change is in the best interest of our students.”
Although they are seeking a court order to stop the current age-out rule, PSBA officials maintain that they fully support providing all students with disabilities with free appropriate education, and believe that “students with disabilities should receive access to supports and services that encourage their success.”
The organization’s CEO Nathan Mains said he plans to circulate draft legislation to lawmakers that would permit districts to continue to deliver supportive services to eligible students until they reach the age of 22, and would provide the funding to facilitate the expansion of services.
“PSBA strongly believes that such legislation would accomplish what PDE intended while adhering to the legislative process required for such a change,” Mains wrote in a statement.
