The new rule, announced in late August, settled a lawsuit brought on behalf of a Lower Merion student challenging a discrepancy between federal and Pennsylvania requirements.
challenging a discrepancy between federal and Pennsylvania requirements. While federal law says students with disabilities have the right to receive services from schools until they earn a regular diploma or turn 22, Pennsylvania had been forcing students to graduate at the end of the school year they turn 21.
In settling the class-action lawsuit brought by the family of the 19-year-old Lower Merion student — who has multiple disabilities and receives occupational therapy, speech therapy, and transition services to prepare for adult life — the education department sent letters to 1,300 Pennsylvania families whose children graduated at age 21 this year.
“If the goal is to provide students with the best educational opportunities, the planning of and for the implementation of such decisions should include the consideration of space, staffing, budgeting, and a lack of time for the school district to plan to provide” a free and appropriate public education, McGarry said — referring to the federal standard governing special education.
If families need the services, “I think we need to make it a priority to figure out how to give it to them,” Overland said.
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