The New York State Education Department’s Office of Counsel today released the attached opinion interpreting the Second Circuit Court of Appeals’ Decision in A.R. v. Connecticut Board of Education concerning the responsibility of public schools to provide special education to students over the age of 21 who have not received high school diplomas.
The Office of Counsel has concluded that decision requires that public schools in New York State provide special education and related services to resident students with disabilities until age 22, or the day before the student’s 22nd birthday.
The Department’s Office of Special Education recommends that school districts consider providing such services through the end of the school year in which the student turns 22, or upon receipt of a high school diploma, whichever occurs first.