N.D. v Reykdal Update: 9th Circuit Court Ruling

Washington Office of Superintendent of Public Instruction sent this bulletin at 05/29/2024 09:51 AM PDT

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N.D. v Reykdal Update - 9th Circuit Court Ruling

You are likely aware that, on Thursday, May 23, 2024, the 9th Circuit Court of Appeals issued a ruling relating to a preliminary injunction in N. D. v. Reykdal. The 9th Circuit concluded that the availability of adult-education programs triggers an obligation under the IDEA to provide special education services to 21-year-old students eligible for special education through their 22nd birthday. You can read the full opinion on the 9th Circuit Court's website.

This is the right decision for students, and OSPI remains in support of this policy change. OSPI will not be seeking an appeal or a stay. We will be working with the Legislature, however, to reconcile our state law which, per the 9th Circuit’s ruling, is now in conflict with the IDEA.

School district partners should start identifying 21-year-old students currently receiving services and convening Individualized Education Program (IEP) team meetings to discuss whether the student is on track to graduate with a diploma or age out, and whether the IEP team believes the student requires additional services over the summer or into the 2024–25 school year, until their 22nd birthday.

We are working closely with the Attorney General's Office to understand the full implications of the ruling, and we will share additional guidance about next steps with school districts to support IEP team discussions as soon as possible.

ALL STUDENTS PREPARED FOR POST-SECONDARY PATHWAYS, CAREERS, AND CIVIC ENGAGEMENT.

Led by State Superintendent Chris Reykdal, OSPI oversees K-12 public education in Washington state. Our mission is to provide funding, resources, tools, data and technical assistance that enable educators to ensure students succeed in our public schools, are prepared to access post-secondary training and education, and are equipped to thrive in their careers and lives.

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