(The Center Square) – Following a federal lawsuit over age limits in special education, lawmakers in the Washington State Legislature advanced a bill Thursday with unanimous support that would extend the services to students until they turn 22 years old.
Last year, a group filed suit against the Office of the Superintendent of Public Instruction for denying 21-year-old students access to tuition-free special education. They claimed that OSPI violated the Individuals with Disabilities Education Act, which allows students to participate until they turn 22 years old.
The IDEA includes an exemption if it’s inconsistent with state law, which cuts access to 21-year-old students at the end of their school year. The plaintiffs argued that since the state offers basic tuition-free education to other adults, it must do so for disabled students as well.
“It simply boggles the imagination that we would remove students following the court decision in N.D. v. Reykdal,” Rep. Gerry Pollet, D-Seattle, told the House Education Committee. “The state has to provide special education services to our students until their 22nd birthday.”
Lawmakers advanced Substitute Senate Bill 5253 out of committee on Thursday with unanimous bipartisan support after it passed the Senate floor without a single vote in opposition. The approval sets the stage for adoption later this session if the House also signs off on the bill.
The Rules Committee will now determine if and when SSB 5253 will go to the House floor.
Rep. Travis Couture, R-Allyn, who speaks openly about his children’s special education needs, said he’s a big advocate of the program; however, he took time to correct Pollet on Thursday.
“Just a small correction: they’re not kids, they’re adults,” Couture said, “but you know I’m going to be voting yes on this bill.”
He said offering special education for another year is only fair if other basic education remains uncapped. Couture argued that state policy decisions put them in this situation, as other states either cap basic education or impose a limit higher than 22 years old on special education.
The cost to implement SSB 5253 varies depending on how many enroll. According to a fiscal note, 300 students would cost $6.7 million for the year, with 1,200 students raising the figure to $27 million.
Meanwhile, the Legislature is grappling with a revenue shortfall that Democrats estimate at around $12 billion over the coming years, though Republicans say it’s closer to $6.7 billion.
“As a huge advocate for special ed, and wanting to make sure that’s better in our schools for kids like mine and kids all across the state,” Couture said. “I look at this in a tough budget deficit situation, and I see the potential of spending upwards to $27 million, $30 million.”
Couture claimed that ending the cap on special education would cost around $100 million and told The Center Square that the Legislature could consider capping basic education instead. The Republican estimates $6 million in savings for doing so rather than spending under SSB 5253.
He plans to propose another bill soon to charge up to $35 per quarter for adult basic education programs. Removing the tuition waivers on basic education for 21-year-old adults would solve the discrimination issue claimed in N.D. v. Reykdal while saving money in the process.
The cutoff to advance bills out of the house of origin was March 12. However, with the shortfall looming overhead, either chamber can advance proposals necessary to implement the budget.
“It was discriminatory to say we’re going to have kind of unlimited basic ed for adults to get GEDs, but we’re not providing special education later down the line,” Couture said Thursday. “This bill is the right thing to do. However, I would caution that there’s other levers and triggers that we could potentially pull for a little bit more fiscal responsibility.”
