Graduation represents a significant milestone in a student’s academic journey, but for students with disabilities, it also marks an important juncture in their special education services.
The IEP team plays a critical role in planning and ensuring students meet graduation requirements while addressing their unique needs under the IDEA.
When Can A Student Graduate?
Students with disabilities are eligible to receive special education services until the earlier of the date they meet requirements for a high school diploma, an IEP Team determination that graduation is appropriate based on progress toward IEP goals, or their 22nd birthday.
Considerations for the IEP team
Students with disabilities can and should graduate when they meet the academic standards and curriculum requirements established by the state.
Five pathways exist for meeting state high school graduation requirements: 1) Keystone Proficiency, 2) Keystone Composite, 3) Career and Technical Education (CTE) Concentrator 4) Alternative Assessment, and 5) Evidence-Based.
The team should consider if the student’s transition goals have been met as well.
If a student does not meet the regular education graduation criteria, they are eligible to participate in graduation activities including the graduation ceremony with their same-age peers. The IEP Team should discuss what needs and transition-related goals still need to be addressed in subsequent years until the student is eligible to graduate on progress toward goals, or exits special education eligibility due to age.
When a student is ready to graduate or exit high school, the District will issue a NOREP/PWN to document the Team decision. Parents should respond to indicate whether they agree.
The District will also issue a Summary of Academic Achievement and Functional Performance to document this. The SAAFP is intended to provide students with a summary of their abilities and needs. It includes recommendations to help the student meet post-secondary goals and identify supports in the workplace, community and post-secondary educational programs.
The SAAFP will also include a summary of the supports, services, and educational modifications that were provided in the student’s IEP. The SAAFP will indicate whether the student engaged in competitive integrated employment while in school.
Bottom Line For Schools
Schools are recommended to pursue collaborative decision making which engages Parents and students in the process. Be sure to address Parent concerns regarding graduation early and often. It is important to develop transition plans which are tailored to students’ strengths, needs, and future plans.
Since disputes about graduation occur, Districts will want to show the appropriateness of IEP goals, transition planning, and responsiveness to parental concerns.
At this time, the maximum age of special education eligibility remains a student’s 22nd birthday. Our attorneys are monitoring this issue and will provide updates as they occur.
If your special education team has a question, please consult your local counsel or one of the Special Education attorneys at KingSpry.
IMPORTANT TO NOTE: On August 30, 2023, PDE issued guidance which extended the maximum age for special education services for students with disabilities until their 22nd birthday rather than the end of the school term in which they turn 21 years old. The rule was challenged by several school districts and the PSBA.
On May 16, 2024, the Pennsylvania Commonwealth Court declared the Pennsylvania Department of Education’s (PDE) guidance regarding the age through which students with disabilities are entitled to access FAPE was invalid because it was implemented without following required Pennsylvania rulemaking procedures.
On May 20, 2024, PDE appealed the Commonwealth Court’s decision to the Pennsylvania Supreme Court. Although the Commonwealth Court struck down the rule, PDE claims that its appeal stays the order of the Pennsylvania Commonwealth Court meaning that the maximum age of eligibility remains 22 at this time. The Pennsylvania Supreme Court granted allocatur to hear the appeal, and the appeal is still pending.
