After state officials told the Katonah-Lewisboro School District that it must continue educating a 21-year-old student with autism for an additional year, the district sued the state to overturn the ruling.
Earlier this month, a Kingston judge sided with Katona Lewisboro, ruling that the school was not required to extend the student's education past her 22nd birthday, rejecting a decision by the New York State Department of Education.
The Department of Education notified school districts in August 2023 that they must provide an additional year of educational services to the student identified in court documents as HP, as required by the federal Individuals with Disabilities Education Act. . The law requires students with disabilities to receive a “free and appropriate public education.”
With help from Katonah Lewisboro, HP attended the Anderson Autism Center in Staatsburg, Dutchess County.
Students with disabilities are typically educated outside their school district in private schools or in another public school district if their home school district cannot provide adequate services. Such placements are often costly for the home school district.
Federal law holds states responsible for providing students with disabilities with free education on par with the treatment of other students. In a 2023 decision, the state Department of Education pointed Katonah-Lewisboro to a legal opinion it issued last month stating that students with disabilities are entitled to a free and appropriate education until their 22nd birthday. did.
State points to federal court ruling
The Department of Education's legal opinion is based on a new federal appeals court ruling regarding Connecticut's education law. The report found that schools in Connecticut must provide education and services to students with disabilities who have not yet received their high school diploma until age 22.
New York state has long required school districts to provide education and services to students with disabilities until the end of the school year when they receive a diploma or turn 21, whichever comes first.
The Department of Education ruled in an opinion that New York state law on this matter is “substantially indistinguishable from Connecticut law,” and that the district must comply with the federal appeals court's order.
But Katonah-Lewisboro took the big step of suing the state Department of Education to overturn that opinion, which resulted in an additional year of exemption from HP's education.
Kingston-based state Supreme Court Justice David Gandin agreed with the district's opinion. Gandin determined that New York law is not similar to Connecticut law in that it only requires education until a student's 21st birthday. Because of this discrepancy, an additional year was not necessary, he wrote.
Ministry of Education to appeal
State Department of Education spokesman JP O'Hare called Gandin's decision “factually incorrect” in a statement.
O'Hare said in the department's legal opinion that Gandin “has no involvement with federal authorities that were analyzed” and that “the It pointed out that it did not take into account “funded adult education programs.” That would have changed the HP eligibility calculation.
The Department of Education said it plans to appeal Gandin's decision and expects a “richer analysis” from the Appellate Division.
Asked about the decision to sue the state over the ruling, Katonah-Lewisboro Superintendent Andrew Selesnick said the district “has faithfully followed and will continue to follow both New York state law and federal law regarding student age eligibility standards.” Ta. . ”
“Rest assured that our district takes seriously our obligation and commitment to educating all students,” Selesnick said. “If the law changes so that New York State raises the age of eligibility, I have no doubt that school districts will follow such changes.”
Selesnick has served as the district's superintendent since 2015 and is scheduled to retire in July. Before he served as superintendent, he worked in the Chappaqua School District for 23 years.
Asher Stockler is a reporter for The Journal News and USA Today Network New York. Please email astockler@lohud.com. Contact him securely: asher.stockler@protonmail.com.
