New Graduation Law for Students with Special Needs

In December 2005, the Illinois legislature amended the School Code to allow students with special needs to participate in graduation ceremonies with their peers. This new law allows students who have IEPs to enjoy the "pomp and circumstance" of the graduation ceremony, even if the student is continuing to receive special education services post-graduation.  The ARC of Illinois successfully lobbied for this law which is known as Brittany's law.

This law recognizes that the social rites of passage are an important element of the school experience.  It  should not be diminished simply because a student continues to receive IDEA services.  In Illinois if your child has completed 4 years of high school, but will continue to receive services,  parents should inquire now as to the school's policy implementing Brittany's law which is reproduced in pertinent part below:

"Beginning March 1, 2005, each school district that operates a high school must have a policy and procedures that allow a child with a disability who will have completed 4 years of high school at the end of a school year to participate in the graduation ceremony of the student's high school graduating class and receive a certificate of completion if the student's individualized education program prescribes special education, transition planning, transition services, or related services beyond the student's 4 years of high school. The policy and procedures must require timely and meaningful written notice to children with disabilities and their parents or guardians about the school district's policy and procedures adopted in accordance with this Section."

The caution, however, is that the IEP needs to be specific that participation in graduation ceremonies under Brittany's law does not end IDEA services.

For those students outside of Illinois, this would also be the time to inquire about participation in  graduation ceremonies.For instance,  California allows graduation participation, but Colorado leaves the issue up to each district to decide. Download Colorado graduation req.pdf .  Even without a Brittany's law, there is no obvious legal prohibition to allowing graduation participation. Nevertheless, parents should not assume this will be permitted without legal mandate; make the request now so this spring there can be a well deserved celebration of 4 years of hard work.

Comments

[L. Lundgren]

After a student has walked across the stage and accepted a certificate of attendance, under Brittany's Law, who is responsible for paying for education? If the least restrictive environment is no longer in the high school, but in a college setting with a specialized program, who is financially responsible? If the child is between the ages of 18-21, has completed high school, yet has much more to learn, but needs environmental support, who pays?

[K Booth]

Re post by L Lundgren - If the child would otherwise be entitled to services by the school district, Brittany's Law provides for continuation of those services without termination by virtue of having participated in a graduation ceremony until the child reaches age 21 (or, now, possibly age 22). The intent of Brittany's Law is to remove "graduation" or participation in a graduation ceremony as the event that would otherwise cause/trigger the termination of the obligation to provide services.

[karen Diorio]

Where do I find out about: at what age my daughter is allowed to participate in high school setting? Has there been a law passed that will allow her to continue until 22? She will be 21 on June 8. Her graduation/last day of school is June 1. At this time it would be better to our family situation/and her needs that she continues 1 more year.

[Jamie Belanger]

I am requesting that every special needs student gets a chance at graduating with thier class and get certificate of completion. This is just not fair that some states will allow this but so others wont. I know that this depends on the district and the school but it doesnt hurt to give my suggestions.

[Robbie Bilodeau]

I work for a school district who does allow special ed students to participate in the graduation ceremony with their classmate and receive a "Certificate of Completion". Those students then move on to a transitional program and continue to receive services until the age of 21. My question is, if they have completed their requirements to receive a diploma during or at the end of the transitional program, what year should be stated on the diploma; the year the entered into the transition program or the year they completed the program. This is not really clear in the articles I have looked up.