If your child has an Individualized Education Program (IEP) and is approaching age 21, you may have questions about whether they can continue receiving special education services. This is a question we have been receiving a lot lately, and understandably so; the answer has significant implications for families planning their child’s educational future.

This is a rapidly evolving area of New York education law, and we want to share the most current information available to help families navigate this important issue.

Understanding the Age Eligibility Question

The Individuals with Disabilities Education Act (IDEA) is the federal law that governs special education services. IDEA requires states to provide a free appropriate public education (FAPE) to eligible children with disabilities “between the ages of 3 and 21, inclusive.” However, IDEA eligibility ends when a student earns a regular high school diploma (though it does not end if the student receives a certificate or other non-diploma credential).

In New York, this federal requirement is codified in Education Law § 4402(5), which provides that a student with a disability who reaches age 21 during the school year is entitled to continue receiving services until the end of that school year (or the end of the summer program if they turn 21 during July or August).

However, a key legal dispute has emerged: does “ages 3 and 21, inclusive” mean services end on a student’s 21st birthday, at the end of the school year when they turn 21, or actually continue through their entire 21st year of life (meaning until the day before their 22nd birthday)?

This question has been at the center of recent court decisions and State Education Department guidance.

The Current Legal Landscape

On July 17, 2025, the New York Appellate Division, Third Department, issued a significant decision in Matter of Katonah-Lewisboro Union Free School District v. New York State Education Department. The court upheld the State Education Department’s (SED) interpretation that students with disabilities are entitled to receive special education services until the day before their 22nd birthday, provided they have not yet earned a high school diploma.

This decision reinforced SED’s Formal Opinion of Counsel No. 242, issued on July 6, 2023, which determined that New York law must be read consistently with federal standards established by the Second Circuit Court of Appeals in A.R. v. Connecticut State Board of Education.

October 10, 2025 Memorandum

Most recently, on October 10, 2025, the New York State Education Department issued a new memorandum that significantly strengthens the Department’s position. This memorandum:

• Reaffirms that school districts must provide a free appropriate public education (FAPE) to eligible students until they earn a high school diploma or until the day before their 22nd birthday;
• Emphasizes that the Third Department’s July 2025 decision upheld SED’s interpretation “in its entirety”;
• States explicitly that districts may no longer ignore this obligation;
• Warns that noncompliance will be considered willful under Education Law §306; and
• Requires districts to maintain enrollment and services, including placements at State-approved schools.

The October memorandum makes clear that this is no longer an open question. School districts are expected to comply immediately.

What Does This Mean for New York Families?

The State Education Department has taken the position that all school districts in New York must provide services through age 22. Following the Third Department’s July 2025 decision upholding this interpretation and the strongly-worded October 2025 memorandum, SED has made clear it expects districts to comply immediately.

However, it’s important to understand the current legal landscape:

• The Katonah decision is binding only in the Third Department (covering upstate counties) and could potentially be appealed to the New York Court of Appeals;
• The State Legislature has not yet amended the Education Law to codify this requirement; and
• SED is interpreting existing federal and state law to reach this conclusion, backed by the Third Department’s decision.

Despite these ongoing legal questions, the October memorandum warns that noncompliance will be considered “willful” and subject to enforcement. This creates a situation where districts face pressure to comply with SED’s interpretation, even as the legal framework continues to develop.

Given this uncertainty and the strong enforcement language in the recent memorandum, families should take proactive steps to ensure their child’s rights are protected.

Practical Steps for Families

1. Review Your District’s Policies

   • Check your school district’s Special Education Procedures Manual or Standard Operating Procedures Manual. Some districts, including New York City, have already updated their policies to explicitly provide services through age 22.

2. Contact Your Special Education Administrator

   • Even if your district has updated policies, reach out to your district’s special education administrator or Committee on Special Education (CSE) directly to confirm that your child will continue to receive services through age 22, ensure there is no confusion about the current legal requirements, and document the district’s position in writing.

3. Share the State Education Department Documents

   • Provide your district with copies of the SED Formal Opinion of Counsel No. 242 (July 6, 2023), and the updated memorandum from SED Counsel Daniel Morton-Bentley (October 10, 2025). These documents reflect the Department’s official position and carry significant weight in discussions with your school district.

4. Plan for Transition Services

   • The SED recommends that districts consider providing services through the end of the school year in which the student turns 22, rather than stopping on the student’s actual birthday. This should be part of a larger discussion about your child’s transition from school to post-school activities.
   • Work with your CSE to ensure appropriate transition planning is in place, regardless of when services will end.

Why Is This Issue Still Evolving?

The New York State Legislature has not yet amended the Education Law to provide state aid to districts for educating students with disabilities through age 22.

Additionally, the Katonah case could potentially be appealed to the New York Court of Appeals, which could provide further clarity on this issue statewide.

The Bottom Line

As of October 2025, the law is clear. New York school districts must provide special education services to students with disabilities until the day before their 22nd birthday, provided they have not earned a high school diploma. The State Education Department has made enforcement a priority and has warned districts that noncompliance will be considered willful.

Because this is a dynamic and changing area of law, it is essential to stay informed and take proactive steps to protect your child’s rights.

Need Help?

If you have questions about your child’s eligibility for special education services through age 22, or if your school district is not complying with the State Education Department’s directives, our firm is here to help.

Contact us today to discuss your situation and learn about your legal options.

This blog post is for informational purposes only and does not constitute legal advice. The information provided is current as of October 21, 2025, but special education law continues to evolve. For advice specific to your situation, please consult with a qualified special education attorney.