March is here. Brackets are about to come out. (Duke? Michigan?) Office pools are forming. (Maybe we should invite school administrators to join our KSB pool?) And across Nebraska, administrators are starting to notice something else creeping up on the calendar: students approaching age 21.
If you’ve looked at the 21 vs. 22 services question lately and thought, this feels less predictable than filling out a March Madness bracket, you’re not wrong. We know many districts are asking the same question: What exactly are our obligations right now? And if the answer seems murkier than it did a year ago, that is because it is.
The Legal Background
On May 30 of last year, the Nebraska Department of Education issued a decision from a due process hearing officer concluding that Nebraska law required a district to provide special education services to a student until her 22nd birthday.
The Department of Education has taken the position that the decision applies only to that individual student. It has advised school districts to continue dismissing students from special education at the end of the school year when they turn 21.
Parents of students turning 21 have strongly disagreed. In December, a group of parents filed a class action lawsuit against the Nebraska Department of Education seeking a ruling that students must receive FAPE until age 22. The Department has filed a motion to dismiss, and the parents have filed their response.
What This Means for Districts
In short, the law is unsettled. Federal litigation rarely moves quickly, and this issue will not be fully resolved before the end of the school year.
Unfortunately, districts do not have the luxury of waiting for the courts. Summary of Performance meetings and IEP reviews for these students are happening now. Districts will need to choose how to proceed, and each option carries different legal considerations.
Special Rookies & Refreshers “Bonus” Session
Because we anticipated this issue early in the school year, we scheduled a bonus session as part of our Special Education Rookies and Refreshers webinar series. Given the number of questions we are receiving, we have decided to open this session to any Nebraska school district that would like guidance.
During this one-hour webinar, we will cover:
The due process decision issued last spring
The Nebraska Department of Education’s current position
The status of the pending federal litigation
Practical options for handling students who have turned, or soon will turn, 21
Participants will also receive sample documentation to accompany the various possible approaches and the legal risks associated with each.
When Is It?
Tuesday, March 17, 2026
12:00–1:00 PM Central Time
Live on Zoom
The session will also be recorded for districts that cannot attend live or would like to share the recording internally.
Cost
For districts not enrolled in the Rookies & Refreshers series, the cost is $150 per district. To register, click here.
If you already have signed up for Special Ed Rookies and Refreshers, this session is free of charge, and you do not need to register. If you have any questions, please email shari@ksbschoollaw.com.