PHILADELPHIA (KYW Newsradio) — After a controversial mandate, Pennsylvania’s Department of Education finds itself in court.
The Pennsylvania School Boards Association and three school districts, including Upper Darby and Central Bucks, are bringing a lawsuit against the state’s Department of Education to stop a new rule they put forth that lets students with disabilities go to school through age 22.
“This announcement amounts to a change in law imposing new requirements on school districts, intermediate units and career technical schools,” said Mackenzie Christiana with PSBA.
Federal law says students with disabilities can receive services from schools until they graduate or turn 22. However, there have been instances in Pennsylvania – specifically, Lower Merion School District, where students were forced to graduate in the same school year they turn 21.
Christiana adds this change may have significant financial implications for school districts since they were given no notice, and no time to budget.
In Central Bucks, the state’s third-largest district, the rule change will cost approximately $500,000 in the first school year alone. Upper Darby, which has struggled with funding, wasn’t able to budget for the change given the late August timing, the Philadelphia Inquirer reported.
As a result, they are seeking relief from the Commonwealth Court of Pennsylvania to enjoin implementation of the education department’s directive, which impacts their members.
“The Pennsylvania Department of Education did not follow the appropriate legislative and regulatory avenues with adequate transparency to enact a change in the law,” Christiana said.
In a statement on their change in policy, the education department says, in part, they are committed to ensuring that every student receives a high-quality education.
Building on that commitment, the education department has updated its policies to better serve special education students.
They did not comment on ongoing litigation.