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Legal update: district told to provide special-education services through students’ 21st year, attorney says
Summary
District counsel summarized recent court rulings and New York State guidance on the age at which a school district’s obligation to provide FAPE (free appropriate public education) ends for special-education students; administrators said parents retain the choice to transition to adult services earlier.
District counsel summarized litigation and recent appellate guidance that clarifies how long New York public-school districts must provide special-education services for eligible students.
Mr. Franquiz (district counsel) told the board that a Connecticut case prompted new interpretations and that New York State has litigated the issue over the last two years. He said an appellate division agreed with the State Education Department’s position that a district must provide FAPE through a student’s 21st year and up to the day before a student’s 22nd birthday, overturning an earlier trial-court decision tied to the end of the school year in which a student turned 21. “The district’s obligation to provide services ends upon either the student's receipt of a high school diploma or the day before their 22nd birthday, whichever comes first,” he said.
Mr. Franquiz named the New York case that produced appellate rulings; the transcript records the case name as Catona Lewisborough v. Union Free School District v. New York State Education Department (transcript excerpt). He advised the board that the district will continue to provide services up to that statutory/administrative limit unless families opt to begin adult services sooner.
Board members asked how the timing interacts with midyear transitions. Counsel and staff said parents may choose to begin adult-service programs at the start of a school year or earlier; the district has seen parents choose both options in practice. Counsel emphasized districts must follow the court’s interpretation and the state education department’s guidance while awaiting any further developments.
No specific changes to local individualized education program (IEP) processes were announced at the meeting; administrators said the district will continue to notify families and plan transitions consistent with the appellate guidance and existing IEP rules under IDEA and Commissioner’s Part 200.
