Special education services

AN ACT Relating to extending special education services to 1
students with disabilities until the end of the school year in which 2
the student turns 22; amending RCW 28A.155.020, 28A.150.220, 3
28A.155.170, 28A.155.220, 28A.190.030, 28A.225.160, 28A.225.230, 4
28A.225.240, 72.40.040, and 72.40.060; creating new sections; and 5
providing an expiration date. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
NEW SECTION. Sec. 1. (1)(a) The legislature finds that, with 8
some exceptions, a state receiving federal funding under the federal 9
individuals with disabilities education act is obligated to provide a 10
free appropriate public education to children with disabilities 11
"between the ages of 3 and 21, inclusive." However, the state is not 12
obligated to serve youth with disabilities aged 18-21 if it would be 13
inconsistent with state law or practice, or the order of any court, 14
regarding the provision of public education to youth in that age 15
range.16
(b) The legislature observes that, under Washington law in effect 17
in 2024, children with disabilities must be provided a free 18
appropriate public education "between the ages of 3 and 21." When the 19
21st birthday of an individual with disabilities occurs during the 20
Z-0299.2
SENATE BILL 5253
State of Washington 69th Legislature 2025 Regular Session
By Senators Cortes, Chapman, Conway, Frame, Krishnadasan, Liias,
Nobles, Shewmake, Trudeau, Valdez, and C. Wilson; by request of
Superintendent of Public Instruction
Read first time 01/14/25. Referred to Committee on Early Learning &
K-12 Education.
p. 1 SB 5253
school year, state administrative rule requires that special 1
education services continue until the end of the school year.2
(2)(a) The legislature acknowledges that, on November 20, 2024, 3
the United States district court for the western district of 4
Washington issued an order in the case of N.D. v. Reykdal. This class 5
action lawsuit alleged that Washington's law violates the federal 6
individuals with disabilities education act. 7
(b) The plaintiff students successfully argued that, because 8
Washington offers adult education programs to 21 year olds and waives 9
the $25 tuition fee for those who cannot pay, the state provides 10
"free public education" to nondisabled students through age 21, which 11
makes the federal individuals with disabilities education act's 12
exception inapplicable. 13
(c) The court issued a declaratory judgment that Washington's 14
policy of aging students out of special education at the end of the 15
school year in which they turn 21 years old presently violates the 16
federal individuals with disabilities education act and will continue 17
to violate the federal individuals with disabilities education act 18
absent a substantial change in the state's policies for charging and 19
waiving tuition for its adult secondary education programs.20
(3) The legislature finds that providing services through the 21
school year in which the student turns 22 years old is vital to 22
maximize educational gains, provide transitional supports, and for 23
planning purposes. 24
(4) For these reasons, when the 22nd birthday of an individual 25
with disabilities occurs during the school year, the legislature 26
intends to continue the provision of special education services until 27
the end of the school year. 28
NEW SECTION. Sec. 2. (1) By October 30, 2026, the office of the 29
superintendent of public instruction, the department of social and 30
health services, the department of services for the blind, and any 31
other state agency working with individuals with disabilities must 32
collaborate to update the implementation plan for improving 33
transition planning activities for students likely to become eligible 34
for services from the developmental disabilities administration as 35
outlined in section 501 (3)(c), chapter 357, Laws of 2020. The updated 36
implementation plan should include:37
(a) The provision of coordinated transition services;38
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(b) Examples of how coordinated transition services can be 1
provided to students between the ages of 16 and 22 to ensure a 2
seamless transition from school to postschool life; and3
(c) How transition services are provided in a way that 4
supplements and not supplants state special education funding.5
(2) In updating the implementation plan, the state agencies 6
referenced in subsection (1) of this section must consult with 7
nonprofit providers of high school transition services and advocates 8
for students with individualized education programs.9
(3) This section expires August 1, 2027. 10
Sec. 3. RCW 28A.155.020 and 2015 c 206 s 2 are each amended to 11
read as follows: 12
There is established in the office of the superintendent of 13
public instruction an administrative section or unit for the 14
education of children with disabilities who require special 15
education. 16
Students with disabilities are those children whether enrolled in 17
school or not who through an evaluation process are determined 18
eligible for special education due to a disability.19
In accordance with part B of the federal individuals with 20
disabilities education improvement act and any other federal or state 21
laws relating to the provision of special education services, the 22
superintendent of public instruction shall require each school 23
district in the state to insure an appropriate educational 24
opportunity for all ((children with disabilities between the ages of 25
three and twenty-one, but when the twenty-first birthday occurs 26
during the school year, the educational program may be continued 27
until the end of that school year )) students with disabilities 28
beginning at three years of age and concluding at the end of the 29
school year in which the student turns 22 years of age . The 30
superintendent of public instruction, by rule, shall establish for 31
the purpose of excess cost funding, as provided in RCW 28A.150.390, 32
28A.160.030, and 28A.155.010 through 28A.155.160, functional 33
definitions of special education, the various types of disabling 34
conditions, and eligibility criteria for special education programs 35
for children with disabilities, including referral procedures, use of 36
positive behavior interventions, the education curriculum and 37
statewide or district -wide assessments, parent and district requests 38
for special education due process hearings, and procedural 39
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safeguards. For the purposes of RCW 28A.155.010 through 28A.155.160, 1
an appropriate education is defined as an education directed to the 2
unique needs, abilities, and limitations of the children with 3
disabilities who are enrolled either full time or part time in a 4
school district. School districts are strongly encouraged to provide 5
parental training in the care and education of the children and to 6
involve parents in the classroom. 7
Nothing in this section shall prohibit the establishment or 8
continuation of existing cooperative programs between school 9
districts or contracts with other agencies approved by the 10
superintendent of public instruction, which can meet the obligations 11
of school districts to provide education for children with 12
disabilities, or prohibit the continuation of needed related services 13
to school districts by the department of social and health services.14
This section shall not be construed as in any way limiting the 15
powers of local school districts set forth in RCW 28A.155.070.16
Sec. 4. RCW 28A.150.220 and 2024 c 66 s 10 are each amended to 17
read as follows: 18
(1) In order for students to have the opportunity to develop the 19
basic education knowledge and skills under RCW 28A.150.210, school 20
districts must provide instruction of sufficient quantity and quality 21
and give students the opportunity to complete graduation requirements 22
that are intended to prepare them for postsecondary education, 23
gainful employment, and citizenship. The program established under 24
this section shall be the minimum instructional program of basic 25
education offered by school districts. 26
(2) Each school district shall make available to students the 27
following minimum instructional offering each school year:28
(a) For students enrolled in grades one through 12, at least a 29
district-wide annual average of 1,000 hours, which shall be increased 30
beginning in the 2015-16 school year to at least 1,080 instructional 31
hours for students enrolled in grades nine through 12 and at least 32
1,000 instructional hours for students in grades one through eight, 33
all of which may be calculated by a school district using a district-34
wide annual average of instructional hours over grades one through 35
12; and 36
(b) For students enrolled in kindergarten, at least 450 37
instructional hours, which shall be increased to at least 1,000 38
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instructional hours according to the implementation schedule under 1
RCW 28A.150.315. 2
(3) The instructional program of basic education provided by each 3
school district shall include: 4
(a) Instruction in the state learning standards under RCW 5
28A.655.070; 6
(b) Instruction that provides students the opportunity to 7
complete 24 credits for high school graduation. Course distribution 8
requirements may be established by the state board of education under 9
RCW 28A.230.090; 10
(c) If the state learning standards include a requirement of 11
languages other than English, the requirement may be met by students 12
receiving instruction in one or more American Indian languages;13
(d) Supplemental instruction and services for students who are 14
not meeting academic standards through the learning assistance 15
program under RCW 28A.165.005 through 28A.165.065;16
(e) Supplemental instruction and services for eligible and 17
enrolled students and exited students whose primary language is other 18
than English through the transitional bilingual instruction program 19
under RCW 28A.180.010 through 28A.180.080; 20
(f) The opportunity for an appropriate education at public 21
expense as defined by RCW 28A.155.020 for all eligible students with 22
disabilities as defined in RCW 28A.155.020; and 23
(g) Programs for highly capable students under RCW 28A.185.010 24
through 28A.185.030. 25
(4) Nothing contained in this section shall be construed to 26
require individual students to attend school for any particular 27
number of hours per day or to take any particular courses.28
(5)(a) ((Each)) Except as provided for students with disabilities 29
under RCW 28A.155.020, each school district's kindergarten through 30
12th grade basic educational program shall be accessible to all 31
students who are five years of age, as provided by RCW 28A.225.160, 32
and less than 21 years of age and shall consist of a minimum of 180 33
school days per school year in such grades as are conducted by a 34
school district, and 180 half-days of instruction, or equivalent, in 35
kindergarten, to be increased to a minimum of 180 school days per 36
school year according to the implementation schedule under RCW 37
28A.150.315. 38
(b) Schools administering the Washington kindergarten inventory 39
of developing skills may use up to three school days at the beginning 40
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of the school year to meet with parents and families as required in 1
the parent involvement component of the inventory. 2
(c) In the case of students who are graduating from high school, 3
a school district may schedule the last five school days of the 180-4
day school year for noninstructional purposes including, but not 5
limited to, the observance of graduation and early release from 6
school upon the request of a student. All such students may be 7
claimed as a full -time equivalent student to the extent they could 8
otherwise have been so claimed for the purposes of RCW 28A.150.250 9
and 28A.150.260. Any hours scheduled by a school district for 10
noninstructional purposes during the last five school days for such 11
students shall count toward the instructional hours requirement in 12
subsection (2)(a) of this section. 13
(6) Subject to RCW 28A.150.276, nothing in this section precludes 14
a school district from enriching the instructional program of basic 15
education, such as offering additional instruction or providing 16
additional services, programs, or activities that the school district 17
determines to be appropriate for the education of the school 18
district's students. 19
(7) The state board of education shall adopt rules to implement 20
and ensure compliance with the program requirements imposed by this 21
section, RCW 28A.150.250 and 28A.150.260, and such related 22
supplemental program approval requirements as the state board may 23
establish. 24
Sec. 5. RCW 28A.155.170 and 2019 c 252 s 106 are each amended to 25
read as follows: 26
(1) ((Beginning July 1, 2007, each )) Each school district that 27
operates a high school shall establish a policy and procedures that 28
permit any student who is receiving special education or related 29
services under an individualized education program pursuant to state 30
and federal law ((and who will continue to receive such services 31
between the ages of eighteen and twenty-one )) to participate in the 32
graduation ceremony and activities after four years of high school 33
attendance with his or her age-appropriate peers and receive a 34
certificate of attendance. 35
(2) Participation in a graduation ceremony and receipt of a 36
certificate of attendance under this section does not preclude a 37
student from continuing to receive special education and related 38
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services under an individualized education program beyond the 1
graduation ceremony. 2
(3) A student's participation in a graduation ceremony and 3
receipt of a certificate of attendance under this section shall not 4
be construed as the student's receipt of a high school diploma 5
pursuant to RCW 28A.230.120. 6
Sec. 6. RCW 28A.155.220 and 2022 c 167 s 7 are each amended to 7
read as follows: 8
(1) The office of the superintendent of public instruction must 9
establish interagency agreements with the department of social and 10
health services, the department of services for the blind, and any 11
other state agency that provides high school transition services for 12
special education students. Such interagency agreements shall not 13
interfere with existing individualized education programs, nor 14
override any individualized education program team's decision-making 15
power. The purpose of the interagency agreements is to foster 16
effective collaboration among the multiple agencies providing 17
transition services for individualized education program-eligible 18
special education students from the beginning of transition planning, 19
as soon as educationally and developmentally appropriate, through 20
((age twenty-one )) the end of the school year in which the student 21
turns 22 years of age , or through high school graduation, whichever 22
occurs first. Interagency agreements are also intended to streamline 23
services and programs, promote efficiencies, and establish a uniform 24
focus on improved outcomes related to self-sufficiency.25
(2)(a) When educationally and developmentally appropriate, the 26
interagency responsibilities and linkages with transition services 27
under subsection (1) of this section must be addressed in a 28
transition plan to a postsecondary setting in the individualized 29
education program of a student with disabilities. 30
(b) Transition planning shall be based upon educationally and 31
developmentally appropriate transition assessments that outline the 32
student's individual needs, strengths, preferences, and interests. 33
Transition assessments may include observations, interviews, 34
inventories, situational assessments, formal and informal 35
assessments, as well as academic assessments. 36
(c) The transition services that the transition plan must address 37
include activities needed to assist the student in reaching 38
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postsecondary goals and courses of study to support postsecondary 1
goals. 2
(d) Transition activities that the transition plan may address 3
include instruction, related services, community experience, 4
employment and other adult living objectives, daily living skills, 5
and functional vocational evaluation. 6
(e) When educationally and developmentally appropriate, a 7
discussion must take place with the student and parents, and others 8
as needed, to determine the postsecondary goals or postschool vision 9
for the student. This discussion may be included as part of an annual 10
individualized education program review, high school and beyond plan 11
meeting, or any other meeting that includes parents, students, and 12
educators. The postsecondary goals included in the transition plan 13
shall be goals that are measurable and must be based on appropriate 14
transition assessments related to training, education, employment, 15
and independent living skills, when necessary. The goals must also be 16
based on the student's needs, while considering the strengths, 17
preferences, and interests of the student. 18
(f) As the student gets older, changes in the transition plan may 19
be noted in the annual update of the student's individualized 20
education program. 21
(g) A transition plan required under this subsection (2) must be 22
aligned with a student's high school and beyond plan.23
(3) To the extent that data is available through data-sharing 24
agreements established by the education data center under RCW 25
43.41.400, the education data center must monitor the following 26
outcomes for individualized education program-eligible special 27
education students after high school graduation: 28
(a) The number of students who, within one year of high school 29
graduation: 30
(i) Enter integrated employment paid at the greater of minimum 31
wage or competitive wage for the type of employment, with access to 32
related employment and health benefits; or 33
(ii) Enter a postsecondary education or training program focused 34
on leading to integrated employment; 35
(b) The wages and number of hours worked per pay period;36
(c) The impact of employment on any state and federal benefits 37
for individuals with disabilities; 38
(d) Indicators of the types of settings in which students who 39
previously received transition services primarily reside;40
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(e) Indicators of improved economic status and self-sufficiency;1
(f) Data on those students for whom a postsecondary or integrated 2
employment outcome does not occur within one year of high school 3
graduation, including: 4
(i) Information on the reasons that the desired outcome has not 5
occurred; 6
(ii) The number of months the student has not achieved the 7
desired outcome; and 8
(iii) The efforts made to ensure the student achieves the desired 9
outcome. 10
(4) To the extent that the data elements in subsection (3) of 11
this section are available to the education data center through data-12
sharing agreements, the office of the superintendent of public 13
instruction must prepare an annual report using existing resources 14
and submit the report to the legislature. 15
(5) To minimize gaps in services through the transition process, 16
no later than three years before students receiving special education 17
services leave the school system, the office of the superintendent of 18
public instruction shall transmit a list of potentially eligible 19
students to the department of social and health services, the 20
counties, the department of services for the blind, and any other 21
state agency working with individuals with intellectual and 22
developmental disabilities. The office of the superintendent of 23
public instruction shall ensure that consent be obtained prior to the 24
release of this information as required in accordance with state and 25
federal requirements. 26
Sec. 7. RCW 28A.190.030 and 1995 c 77 s 19 are each amended to 27
read as follows: 28
Each school district within which there is located a residential 29
school shall, singly or in concert with another school district 30
pursuant to RCW 28A.335.160 and 28A.225.250 or pursuant to chapter 31
39.34 RCW, conduct a program of education, including related student 32
activities, for residents of the residential school. Except as 33
otherwise provided for by contract pursuant to RCW 28A.190.050, the 34
duties and authority of a school district and its employees to 35
conduct such a program shall be limited to the following:36
(1) The employment, supervision and control of administrators, 37
teachers, specialized personnel and other persons, deemed necessary 38
by the school district for the conduct of the program of education;39
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(2) The purchase, lease or rental and provision of textbooks, 1
maps, audiovisual equipment, paper, writing instruments, physical 2
education equipment and other instructional equipment, materials and 3
supplies, deemed necessary by the school district for the conduct of 4
the program of education; 5
(3) The development and implementation, in consultation with the 6
superintendent or chief administrator of the residential school or 7
his or her designee, of the curriculum; 8
(4) The conduct of a program of education, including related 9
student activities, for residents who are three years of age and less 10
than twenty-one years of age ((,)) and who have not met high school 11
graduation requirements as now or hereafter established by the state 12
board of education and the school district and for students with 13
disabilities as defined in RCW 28A.155.020, which includes:14
(a) Not less than one hundred and eighty school days each school 15
year; 16
(b) Special education pursuant to RCW 28A.155.010 through 17
28A.155.100, and vocational education, as necessary to address the 18
unique needs and limitations of residents; and 19
(c) Such courses of instruction and school related student 20
activities as are provided by the school district for nonresidential 21
school students to the extent it is practical and judged appropriate 22
for the residents by the school district after consultation with the 23
superintendent or chief administrator of the residential school: 24
PROVIDED, That a preschool special education program may be provided 25
for residential school students with disabilities;26
(5) The control of students while participating in a program of 27
education conducted pursuant to this section and the discipline, 28
suspension or expulsion of students for violation of reasonable rules 29
of conduct adopted by the school district; and 30
(6) The expenditure of funds for the direct and indirect costs of 31
maintaining and operating the program of education that are 32
appropriated by the legislature and allocated by the superintendent 33
of public instruction for the exclusive purpose of maintaining and 34
operating residential school programs of education, and funds from 35
federal and private grants, bequests and gifts made for the purpose 36
of maintaining and operating the program of education.37
Sec. 8. RCW 28A.225.160 and 2023 c 420 s 2 are each amended to 38
read as follows: 39
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(1) Except as provided in subsection (3) of this section , for 1
students with disabilities under RCW 28A.155.020, and otherwise 2
provided by law, it is the general policy of the state that the 3
common schools shall be open to the admission of all persons who are 4
five years of age and less than 21 years residing in that school 5
district. Except as otherwise provided by law or rules adopted by the 6
superintendent of public instruction, districts may establish uniform 7
entry qualifications, including but not limited to requirements, for 8
admission to kindergarten and first grade programs of the common 9
schools. Such rules may provide for individualized exceptions based 10
upon the ability, or the need, or both, of an individual student. 11
Nothing in this section authorizes school districts, public schools, 12
or the superintendent of public instruction to create state-funded 13
programs based on entry qualification exceptions except as otherwise 14
expressly provided by law. 15
(2) For the purpose of complying with any rule adopted by the 16
superintendent of public instruction that authorizes a preadmission 17
screening process as a prerequisite to granting individualized 18
exceptions to the uniform entry qualifications, a school district may 19
collect fees to cover expenses incurred in the administration of any 20
preadmission screening process: PROVIDED, That in so establishing 21
such fee or fees, the district shall adopt rules for waiving and 22
reducing such fees in the cases of those persons whose families, by 23
reason of their low income, would have difficulty in paying the 24
entire amount of such fees. 25
(3) A student who meets the definition of a child of a military 26
family in transition under Article II of RCW 28A.705.010 shall be 27
permitted to continue enrollment at the grade level in the common 28
schools commensurate with the grade level of the student when 29
attending school in the sending state as defined in Article II of RCW 30
28A.705.010, regardless of age or birthdate requirements.31
Sec. 9. RCW 28A.225.230 and 1990 1st ex.s. c 9 s 204 are each 32
amended to read as follows: 33
(1) The decision of a school district within which a student 34
under the age of twenty-one years resides or of a school district 35
within which such a student under the age of twenty-one years was 36
last enrolled and is considered to be a resident for attendance 37
purposes by operation of law, to deny such student's request for 38
release to a nonresident school district pursuant to RCW 28A.225.220 39
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may be appealed to the superintendent of public instruction or his or 1
her designee: PROVIDED, That the school district of proposed transfer 2
is willing to accept the student. 3
(2) The superintendent of public instruction or his or her 4
designee shall hear the appeal and examine the evidence. The 5
superintendent of public instruction may order the resident district 6
to release such a student who is under the age of twenty-one years if 7
the requirements of RCW 28A.225.220 have been met. The decision of 8
the superintendent of public instruction may be appealed to superior 9
court pursuant to chapter 34.05 RCW, the administrative procedure 10
act, as now or hereafter amended. 11
(3) The decision of a school district to deny the request for 12
accepting the transfer of a nonresident student under RCW 28A.225.225 13
may be appealed to the superintendent of public instruction or his or 14
her designee. The superintendent or his or her designee shall hear 15
the appeal and examine the evidence. The superintendent of public 16
instruction may order the district to accept the nonresident student 17
if the district did not comply with the standards and procedures 18
adopted under RCW 28A.225.225. The decision of the superintendent of 19
public instruction may be appealed to the superior court under 20
chapter 34.05 RCW. 21
(4) The provisions of this section applicable to students under 22
the age of 21 years also apply to students with disabilities as 23
defined in RCW 28A.155.020.24
Sec. 10. RCW 28A.225.240 and 1975 1st ex.s. c 66 s 2 are each 25
amended to read as follows: 26
(1) If a student under the age of twenty-one years is allowed to 27
enroll in any common school outside the school district within which 28
the student resides or a school district of which the student is 29
considered to be a resident for attendance purposes by operation of 30
law, the student's attendance shall be credited to the nonresident 31
school district of enrollment for state apportionment and all other 32
purposes. 33
(2) The provisions of this section applicable to students under 34
the age of 21 years also apply to students with disabilities as 35
defined in RCW 28A.155.020.36
Sec. 11. RCW 72.40.040 and 2000 c 125 s 8 are each amended to 37
read as follows: 38
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(1) The schools shall be free to residents of the state ((between 1
the ages of three and twenty-one years )) beginning at three years of 2
age and concluding at the end of the school year in which the 3
resident turns 22 years of age , who are blind/visually impaired or 4
deaf/hearing impaired, or with other disabilities where a vision or 5
hearing disability is the major need for services. 6
(2) The schools may provide nonresidential services to children 7
ages birth through three who meet the eligibility criteria in this 8
section, subject to available funding. 9
(3) Each school shall admit and retain students on a space 10
available basis according to criteria developed and published by each 11
school superintendent in consultation with each board of trustees and 12
school faculty: PROVIDED, That students ((over the age of twenty-one 13
years,)) who do not meet the admission requirements under subsection 14
(1) of this section and who are otherwise qualified may be retained 15
at the school, if in the discretion of the superintendent in 16
consultation with the faculty they are proper persons to receive 17
further training given at the school and the facilities are adequate 18
for proper care, education, and training. 19
(4) The admission and retention criteria developed and published 20
by each school superintendent shall contain a provision allowing the 21
schools to refuse to admit or retain a student who is an adjudicated 22
sex offender except that the schools shall not admit or retain a 23
student who is an adjudicated level III sex offender as provided in 24
RCW 13.40.217(3). 25
Sec. 12. RCW 72.40.060 and 1985 c 378 s 21 are each amended to 26
read as follows: 27
It shall be the duty of all school districts in the state, to 28
report to their respective educational service districts the names of 29
all visually or hearing impaired youth residing within their 30
respective school districts who are between the ages of three and 31
((twenty-one)) 22 years. 32
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