Filed Date: July 11, 2023
Closed Date: Sept. 5, 2023
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This case involves the requirements of state agencies to provide educational services to students with disabilities under the Individuals with Disabilities Education Act (IDEA). Specifically, the case centers on whether state agencies are required to provide services until an eligible student's 21st or 22nd birthday.
On July 11, 2023, a 19-year-old student, qualifying for a disability under the IDEA, filed a federal class action lawsuit against the Pennsylvania Department of Education (PDE) in the United States District Court for the Eastern District of Pennsylvania. The Plaintiffs were represented by both the Public Interest Law Center and private counsel. A judge was never assigned to the case prior to voluntary dismissal.
The complaint alleged that PDE's "Age-Out Policy" violated that IDEA by prematurely cutting off special education services for students with disabilities at the age of 21. The Plaintiffs claimed that IDEA grants students a right to “free appropriate education” (FAPE) until either the students earns a high school diploma or reaches the age of 22, unless to do so would be “inconsistent with State law or practice...” 20 U.S.C. § 1412(a)(1)(B). Because the Plaintiffs claimed that the IDEA requirements were not inconsistent with any Pennsylvania law or practice, they alleged that PDE’s “Age-Out Policy” unlawfully deprived students of one year of FAPE. The Plaintiffs also claimed that PDE violated both 20 U.S.C. § 1407 (requiring PDE to ensure that any State rules, regulations, and policies conform to the purposes of the IDEA) and 20 U.S.C. §1412(11) (requiring that PDE ensure Local Education Agencies (LEA) under its supervision meet the standards of the IDEA).
The Plaintiffs sought declaratory judgment that PDE is required to provide FAPE to eligible children with disabilities until their 22nd birthdays, and that PDE’s “Age-Out Policy” is invalid under the IDEA. Plaintiffs also sought a permanent injunction both prohibiting PDE from implementing its “Age-Out Policy” and compelling PDE to enforce a new policy that provides services until eligible students reach the age of 22. Additionally, the complaint sought attorney’s fees and any other relief the Court deems proper.
On August 30, 2023, the parties reached a settlement agreement in which PDE amended its policy to provide FAPE to eligible students until either graduation from high school or their 22nd birthday. On September 5, 2023, the Plaintiffs filed a notice of voluntary dismissal, closing the case.
Related Case Note:
On May 16, 2024, the Pennsylvania Commonwealth Court overturned the PDE regulation that extended special education services until the day before a student’s 22nd birthday, ruling that PDE failed to follow proper rule-making procedures. The case opinion can be found here: Pennsylvania School Boards Association, Inc. et al. v. Pennsylvania Department of Education, et al., 409 M.D. 2023 (Pa. Commw. Ct. May 16, 2024).
Summary Authors
Colton French (2/7/2025)
See docket on RECAP: https://www.courtlistener.com/docket/67598489/p-v-pennsylvania-department-of-education/
Last updated Dec. 8, 2025, 4:07 a.m.
State / Territory:
Case Type(s):
Key Dates
Filing Date: July 11, 2023
Closing Date: Sept. 5, 2023
Case Ongoing: No
Plaintiffs
Plaintiff Description:
All students with disabilities ages 18-21 who are receiving or will receive a FAPE under the IDEA and who, but for PDE’s Age-Out Policy, would continue to be eligible for special education and related services until their 22nd birthday.
Attorney Organizations:
Public Interest Law Center (PILCOP)
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Mooted before ruling
Defendants
Pennsylvania Department of Education, State
Case Details
Causes of Action:
Ex parte Young (federal or state officials)
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Other Dockets:
Eastern District of Pennsylvania 2:23-cv-02644
Pennsylvania state trial court 409
Available Documents:
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Issues
General/Misc.:
Disability and Disability Rights: