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Committee hears substitute bill to extend special‑education services through school year of 22nd birthday
Summary
Substitute SB 5253 would require special education and related services be provided through the end of the school year in which a student turns 22 (or at graduation), reversing earlier age‑cutoff practice; OSPI and DSHS estimated indeterminate but material costs and the Senate budget included funding at the fiscal‑note levels.
The Appropriations Committee heard briefing and broad stakeholder support for Substitute Senate Bill 5253, which would extend special education and related services to the end of the school year in which a student with disabilities turns 22 (or at high‑school graduation, whichever occurs first).
Megan Wargacki, counsel to the education committee, summarized the bill and case background. She said the bill responds to a November 2024 federal district court order in ND v. Reykdal, which found Washington’s policy of aging students out of special education at age 21 conflicted with federal Individuals with Disabilities Education Act (IDEA) principles, given the state’s adult education tuition waiver practices. Substitute SB 5253 would align state statute to provide FAPE (free appropriate public education) through the end of the school year in which a student with disabilities turns 22 and would extend certain education‑related provisions through that school year (enrollment in nonresident districts, residential school admission, reporting for visually or hearing impaired residents, and interagency transition agreements).
Fiscal staff presented a range of cost estimates. OSPI’s fiscal note estimated an indeterminate cost depending on how many students are added to special‑education and basic‑education enrollment counts; OSPI provided a range of about 300 to 1,200 additional students (estimates ranging roughly $7 million to $27 million per year). DSHS estimated a net state impact tied to delayed developmental disabilities program entry and additional DSHS transition services, with DSHS estimating a net state impact of about $2.7 million (2025‑27) and about $2.6 million ongoing, while noting potential federal funding offsets. The Senate budget included funding for DSHS and OSPI at fiscal note levels.
Supporters testified broadly in favor: Misha Chernisky (representing the Superintendent of Public Instruction), Organizations including Communities In Schools Washington, The Arc of Washington, parents, and family members described the bill as addressing disruptive mid‑year exits from special education and improving transition planning and interagency coordination. Testimony emphasized that the change affects a subset of students (not all special‑education students) and would allow more stable transitions into adult services.
There was no committee vote recorded in the hearing; staff noted the Senate budget included amounts to match the fiscal notes.
