(The Center Square) – After a federal judge ruled that the agency violated students’ disability rights, the Washington Office of the Superintendent of Public Instruction testified in support of a bill on Wednesday to rectify the issue.
Senate lawmakers passed the proposal last month, but House Democrats must approve it before April 27 unless they pursue an alternative response to the lawsuit. If approved, Substitute Senate Bill 5253 would extend special education services until after a student turns 22.
Last year, a group of students filed suit against OSPI, claiming it violated federal law that allowed them to receive free education until their 22nd birthday. Since the state offers basic education to nondisabled students of that age, the judge ruled it must do the same for disabled adults.
Misha Cherniske, OSPI’s senior policy analyst, asked lawmakers to correct the misstep.
“This is an important bill, not just legally, but I think it’s the right thing to do,” Cherniske testified in front of the House Appropriations Committee during a Wednesday public hearing. “Most students that have disabilities, that are receiving special education services, are not going to need these extended services, but for the few that do, this is really important, making sure that they can [finish] that school year.”
State law currently caps special education at the end of the school year when a student turns 21. However, the Individuals with Disabilities Education Act requires the states to offer another year unless they’ve adopted conflicting policies — Washington’s situation is unique.
The Evergreen State doesn’t cap basic education for nondisabled students. Students 21 and older pay $25 per quarter for most classes, but many institutions waive the tuition for students who can’t afford it. The plaintiffs argued that it should apply to disabled adults, too.
Following the federal ruling, OSPI directed school districts to offer special education services consistent with federal law. The catch? OSPI doesn’t provide funding to cover the cost; instead, it directs the districts to pay for the services until the Legislature approves funding.
“OSPI’s fiscal note estimates that anywhere from 300 to 1,200 students may be added to enrollment counts,” committee staff told the lawmakers, “with a range of costs from about $7 million to $27 million per year. OSPI is currently funding the students up until the day before they turn 22, and the highest monthly enrollment total for those students has been 310.”
Disability rights advocates and several mothers also testified in support of the bill. Some called it unfair to pull students from class in the middle of the year just because they turned 22.
The proposal received broad bipartisan support in the Senate, passing the floor unanimously aside from one Democrat who excused himself. The same holds true for the House, though SSB 5253 still needs to go through the Rules Committee before hitting the floor for a final vote.
The Appropriations Committee will hold an executive session on Friday to decide whether it will advance the bill to the Rules Committee. Notably, the proposal coincides with a shortfall that Gov. Bob Ferguson estimated around $16 billion on Tuesday.
If the House doesn’t pass SSB 5253, it may force school districts to front the bill, creating further issues at the local level.
“I am the parent of a student who is in the transition program,” one mother testified Wednesday. “His birthday is October 22, 2025, so I don’t know what’s going to happen with him. Will he age out of the program in October, or will he get to go till the end of the school year?”
