NYS Regulations - Date of Exit
March 27, 2024
Dear Parents,
This memo is to inform you of updated information regarding the date a Chappaqua student with an Individualized Education Plan (IEP) will no longer be eligible for special education services from the school district.
In 2021, the Second Circuit Court of Appeals (which also has jurisdiction over New York State) determined that the [Connecticut] public school districts had discriminated against students with disabilities by failing to offer special education services to students with disabilities through their 22nd birthday.
The Legal Counsel for the New York State Commissioner of Education thereafter issued an opinion that the “New York State law defining eligibility for special education was materially indistinguishable from the Connecticut law challenged….” and opined that students with educational disabilities who had not earned a high school diploma were entitled to a free appropriate public education and special education until their 22nd birthday [in New York State.].
On March 8, 2024, the State Supreme Court in Albany County issued a Decision determining that Education Law Sections 3202(1) and 4402(5), when read together, established clear New York State law terminating eligibility for special education services at the end of the school year that a student turns 21.
Counsel for the Commissioner of Education, who authored Formal Opinion of Counsel No. 242, has since expressed the intent of the State Education Department to appeal the Court's Decision.
At this time, all students with an IEP will be expected to exit their educational program at the end of the year that he/she turns 21 years of age. Students, families, and service providers should prepare to focus on transition planning and post secondary options for these students, as they exit from the district.
We will keep you posted as this appeal progresses.
Sincerely,
Jamie Edelman
Assistant Superintendent for Pupil Personnel Services
Karen D. Smith
Director of Special Education and 504 Services