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The age limit for public education has been extended to age 22 for students who receive special education and/or who are on an individualized education plan (IEP). Questions about this rule change should be directed to your local district and IEP teams. They can support decision making during the 2024–25 school year.
We strongly recommend reading the guidance document: Questions and Answers: Providing Special Education Services Until Age 22
Under IDEA, Washington state must provide special education services to 21-year-old students eligible for special education until 22nd birthday. A recent court ruling means that Washington state students eligible for special education are entitled to a free appropriate public education (FAPE) until their 22nd birthday.
District partners should start identifying 21-year-old students currently receiving services and who have not been issued a diploma, and convene 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.
For a student receiving special education services, the IEP team determines the student’s graduation plan and date based on what is in the best interest of the student for continuing their secondary education. Per the 9th Circuit’s recent ruling, students who have not yet met their high school graduation requirements nor earned a high school diploma after four years are eligible for free public education until their 22nd birthday.
Settlement information
Open Doors Youth Reengagement programs that are serving students eligible for special education and were exited from special education based on their age (often called “aging out”) prior to turning twenty-two years old at any time between November 11, 2020, and the present. If you think this settlement may apply to you, see:
More information is available at OSPI’s Special Education website.
FAPE & Open Doors
Open Doors programs, in partnership with the local district, must follow all requirements related to identification, evaluation, placement, and the provision of a “free appropriate public education” (FAPE). FAPE is required under the Individuals with Disabilities Education Act (IDEA) and Section 504 for eligible students. FAPE consists of regular or special education and related aids and services designed to meet the individual needs of students with disabilities as adequately as the needs of students without disabilities are met.
Child Find & Open Doors
Open Doors Youth Reengagement Programs must evaluate, or refer for evaluation, any student they know or suspect has a disability and may need services under IDEA or Section 504. This practice is commonly referred to as “Child Find”.
Open Doors programs must participate in Child Find and refer and evaluate a student they know, or suspect has a disability and may need services, as a result, to access and benefit from their education. School district programs such as Open Doors must not counsel or encourage families to revoke consent for special education services. To learn more, contact your district’s Special Education team or visit the website for Special Education | OSPI (www.k12.wa.us)
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Email the Open Doors team for support with your questions at OpenDoors@k12.wa.us.
You can also call the new Open Doors voicemail line at 360-725-4958.
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Past Newsletters:
Check our website for previous years' newsletter topics.
Mandy Paradise,
M.Ed
Open Doors
Program Supervisor
Email Mandy
360-789-3949
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