Ruling on PDE policy change may rob Wyoming Area student of final year of education - Times Leader

Source: Times Leader

EXETER -- During a lengthy Wyoming Area school board meeting last week, one parent in the district expressed frustration that his child was being forced to graduate with little more than three weeks notice due to a recent court decision.

That decision struck down a policy change from the Pennsylvania Department of Education (PDE), which stated students with disabilities were entitled to a public school education until 22 years of age.

Bill Norton, of Wyoming, addressed the board on May 21 and said that when the PDE adjusted its policy last year to comply with federal law, the individualized education plan (IEP) his son had was changed to accommodate another year of schooling.

"He readjusted everything -- his entire life. He started nothing," explained Norton, whose son attends Graham Academy and recently turned 21.

Then, on May 16, a Commonwealth Court struck down this rule change and within hours of the court's decision, Norton said he received a call saying his son needed to exit school in three weeks.

The father was sent into a panic and began calling every state and local representative he could find.

"I haven't slept in four days. As you can tell, and I'm exhausted," Norton told the board, adding that he was left wondering how he was going to fit a whole year of education into a matter of weeks.

Things were complicated further when the PDE announced earlier in the day on May 21 that it filed an appeal with the Pennsylvania Supreme Court.

According to the PDE in a memo sent to school leaders, "the Commonwealth Court's decision is stayed pending resolution of the appeal or further order of court."

Superintendent Jon Pollard said he was aware of the appeal and that the school district was currently receiving "further guidance" from the its attorneys.

He further stated that he did brief the board on the situation and their suggestion was for Pollard and Norton to have a meeting.

"I think we're all victims of some changes that weren't necessarily well thought out. ... We're all trying to react pretty quickly to make sure that things are taken care of," Pollard said.

A meeting was previously set up for the end of the week between Norton and the school district to "discuss options," but Norton, who has since retained representation, was adamant that his child not be forced to graduate this year, which would "devastate" him.

"It is obviously a time sensitive matter. I have two weeks to figure out what to do," Norton said.

However, Norton told the Times Leader this past Thursday that the meeting was put on hold until the following week.

Pollard in a phone interview with the Times Leader declined to comment on any specifics of the situation, but said it was his understanding that it was a "mutual agreement" to postpone the meeting and that the school district was doing "everything it can to follow the law and take care of the needs of its students."

Background

A discrepancy between state and federal guidelines that resulted in a class action lawsuit led the PDE to change its age-out policy last year.

Even though federal law under the Individuals with Disabilities Education Act (IDEA) stated that students with disabilities were entitled to a public education "through" the age of 21, Pennsylvania schools were previously aging those students out during the school year they turned 21.

The lawsuit, filed against PDE on July 11, 2023, on behalf of a high school student in the Lower Merion School District, alleged that the school violated the student's federal rights by prematurely cutting them off from special education services before they turned 22 years old.

As part of a settlement agreement, PDE changed its age-out policy to comply with IDEA and according to a memo from the department, school districts were notified of the change on Aug. 30, 2023.

The policy took effect on Sept. 5, 2023, and included students who turned 21 and exited during or after the 2022-2023 school term.

The Pennsylvania School Boards Association (PSBA), the School District of Pittsburgh, the Central Bucks School District, and the Upper Darby School District then sued the department of education over the policy change.

The Commonwealth Court's May 16 opinion did not challenge the PDE's interpretation of federal law, but did state that "the Department did not follow the required rulemaking procedures to implement [the policy]," and the districts were not given enough time to budget for the additional services they would need to provide students and continue to receive federal funding.