First Circuit Expands FAPE Obligation to Age 22

Volume 30, No. 4

Special education administrators and staff are well-familiar with the eligibility requirements contained in the Individuals with Disabilities Education Act (IDEA). As an initial matter, eligibility to receive special education services depends on whether a student has one of the 14 disabilities enumerated in the IDEA, and consequently requires special education in order to make educational progress. Schools must also consider a student’s residency, and whether the student is homeschooled, attends private school, or is enrolled in their local public school. Of course, a student’s eligibility is also limited by their age – in Maine, a student is only eligible to receive special education services through their local public school between the ages of 5 and the end of the school year in which they turn 20.

In K.L. v. Rhode Island Board of Education, a recent and surprising decision out of our...To continue reading, visit

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