The New York State Department (NYSED) Office of Counsel, recently issued an opinion of a NYS trail court decision that per federal law, requires New York State public schools to provide special education and related services to resident students with disabilities, at least until the day before their 22nd birthdays. A recent New York Supreme Court ruling believes NYSED’s interpretation was improper, but NYSED stand by the requirement and is appealing the Supreme Court decision.
Key Points:
– Parents can choose for their child to exit education and transition to adult services and other opportunities before age 22 with the school maintaining appropriate documentation of such a decision.
– The Committee on Special Education (CSE) must create an individualized Education Program (IEP) for students continuing their education until age 22. This also applies to students in approved residential programs and NYSED encourages parents to bring this to their CSE’s immediate attention as the school district continues to be financially responsible for student programming. Parent rights remain the same in resolving disputes if a new IEP is not implemented or they disagree with the recommendations.
