Sweet Stevens Prevails in “Age 22” Multi-District Suit
News Release
New Britain, PA – Sweet, Stevens, Katz & Williams LLP has successfully defended the Central Bucks School District in a high-stakes special education due process hearing before the United States District Court for the Eastern District of Pennsylvania, affirming the district’s compliance with the Individuals with Disabilities Education Act (IDEA). The effort was led by firm partner Karl A. Romberger, Jr., a recognized authority in special education law.
Filed in January of 2025, the case focused on four students with autism and other disabilities, two from Central Bucks and two from Council Rock School District, who rely on school-based programs for vocational, academic, and life skills training. The plaintiffs argued that the students were entitled to continue receiving special education services through their 22nd birthday. However, the districts maintained that those services should be concluded at the end of the school year in which students turn 21, consistent with longstanding state law.
Pennsylvania’s age-21 limit was challenged in 2023 by a class action lawsuit demanding the commonwealth update its guidance to allow students to receive services until the age of 22. However, the age-22 directive was then challenged by several school districts and the Pennsylvania School Boards Association. In May 2024, a court threw out the updated policy. The state has appealed that decision, and the case is now awaiting a ruling from the Supreme Court of Pennsylvania.
However, while that appeal is pending, the families had argued for the federal court to step in on behalf of the students and order the districts to provide instruction until age 22. The court, in response to Romberger’s argument, agreed that there has been no case-or-controversy and no clear risk of immediate injury to the students, and, given the pending appeal, the court did not assert the authority or ability to rule at this time.
“The plaintiffs came forward with a strong challenge and a large legal team,” said Romberger. “Thankfully, the judge understood the facts and the legal questions completely at their core. These districts remain poised to help these and all of their students achieve their educational goals by the time they turn 21 in accordance with the law.”
Sweet, Stevens, Katz & Williams, LLP was formed in 1995 by nine experienced education lawyers who created the first private law practice in Pennsylvania dedicated entirely to Education Law. Since then, the firm has grown to 26 attorneys who represent over 290 school and municipal entities as Solicitors or as Special Counsel in more than 50 counties throughout Pennsylvania, and in additional practice areas, such as Construction Law, Tax Assessment Appeals, Audit of Operations and Practices, Real Estate Law and Oil, Gas and Mineral Law.