By Ira M. Fingles, Esq., and Elizabeth M. Roberts, Psy.D.
Under federal law, a student with disabilities is entitled to special education and related services until age 21, or until the student accepts a diploma – whichever comes first. The decision about when a student should gradate is made by the IEP team during the IEP process.
When should a child with a disability graduate?
For students with complex, significant disabilities, the decision about when to graduate may be more obvious. The New Jersey Division of Developmental Disabilities (DDD) generally will not offer day services until age 21, so most students with disabilities who will likely be served by DDD should remain in school until age 21.
When is the cut-off date for turning age 21?
Students are eligible for services through the end of the school year in which they turn 21. For example, if a student’s 21st birthday falls on June 30, 2011, special education services will terminate then because it marks the end of the school year. If, however, a student’s birthday falls on July 1, 2011, services would continue through the end of that school year – June 30, 2012. Districts may, at their discretion, serve students beyond age 21.
When should students who are taking high school courses and earning credits graduate?
It is very possible for a student to have earned enough academic credits to graduate, but not have met his or her IEP goals related to transition. In such situations, the student should remain in school.
When considering whether the student should be given a diploma prior to age 21, the IEP team may not rely solely upon whether the student has completed credits and coursework for graduation. It must also consider whether the student is prepared for further education, employment and independent living. The IEP team must consider whether the student’s transition goals have been met and whether the student needs continued transition services in order to achieve his/her desired goal upon graduation.
What are Transition Services and when must they be provided?
Transition services are defined by federal law as a coordinated set of activities designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the student with a disability in order to facilitate the student’s movement from school to post-school activities, including post-secondary education, vocational education, employment, continuing and adult education, adult services, independent living or community participation.
Transition services must be based on the student’s needs, taking into account strengths, preferences and interests. They must include instruction, related services, community experiences, the development of employment and other post-school adult living objectives and, when appropriate, daily living skills and functional vocational evaluation.
Beginning at age 14 (or younger), each IEP must include measurable postsecondary goals related to training, education, social skills, employment and where appropriate, independent living skills. Beginning at age 16, the IEP must describe the transition services (including the course of study) needed to assist the student in reaching those goals. Such goals should be based on the student’s individualized needs.
What is the Summary of Academic Achievement?
Before a student graduates, he or she must be given a written summary of academic achievement and functional performance, which includes recommendations to assist the student in the achievement of his or her post-secondary goals. The intent of this summary is to provide crucial information to those people who may assist the graduate in the future.
My child accepted a diploma but still needs special education. What can I do?
In most cases, once a student accepts a diploma regardless of the student’s age, the right to special education and related services comes to an end.
What if the parent and district do not agree on a graduation date?
Graduation from high school is considered to be a change in placement for a special education student. Therefore, school districts must provide written notice to the parents of their intent to graduate a student. If a parent does not agree with a district’s decision to graduate the child before age 21, the parent can object and invoke protections under IDEA. Parents must make their objection in writing. If there is a dispute about whether the transition plan is appropriate or whether the student should receive a diploma, a parent may file for mediation and due process proceedings.
Ira M. Fingles, Esq., is an attorney with Hinkle, Fingles & Prior, where his legal work focuses on lifespan disability law. Elizabeth Roberts, Psy.D. is a Clinical Assistant Professor of Child and Adolescent Psychiatry at NYU Medical Center.
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