One at One: Individuals with Disabilities in Education Act

Today’s Issue by Colleen Degnan:

Whether students with disabilities who are over the maximum age of eligibility for special education and related services under the Individuals with Disabilities in Education Act (21 years old) may receive additional special education services from school districts?

Answer:

Yes, subject to a determination by the Individualized Education Program (“IEP”) Team and only for one (1) additional year. On June 16, 2021, Governor Murphy signed Senate Bill No. 3434, which permits school districts to provide additional or compensatory special education and related services, including transition services, for one (1) year, to students with disabilities who are over 21 years old, if such services are deemed necessary by the IEP Team. This legislation is effective immediately and applies to students in the classes of 2021, 2022, and 2023.

Resources:

https://www.njleg.state.nj.us/2020/Bills/S3500/3434_R2.PDF

https://d31hzlhk6di2h5.cloudfront.net/20210616/76/3e/a6/ac/aec32f4bab83a0af49c37b95/S3434.pdf

https://nj.gov/governor/news/news/562021/approved/20210616a.shtml

https://www.nj.gov/education/broadcasts/2021/june/16/AdditionalorCompensatorySpecialEducationandRelatedServicesforStudentswithDisabilites.pdf

To Learn More about FPSCTT’s Education and School Law Practice, please contact:

Lester Taylor, Partner and Chair

Christine Soto, Partner and Co-Chair

Afshan Ajmiri Giner, Partner and Co-Chair

Caitlin Pletcher, Partner

This post is for informational purposes only and should not be construed as legal advice.