When Does Special Education End?
“A student’s eligibility for a free and appropriate
public education (F.A.P.E.) ceases upon graduation from high school with
a regular
diploma” (Maine Special Education Regulations 5.11). So, when a student
graduates and receives a regular high school diploma,
she/he is no longer eligible for special education services. Some students
will continue to
be eligible for special education services through the age of 20 if they
have not met the graduation requirements specified in their IEP and have
not received a regular high school diploma. A student who has not reached
the age of 20 before the start of the school year (July 1st) may be entitled
to receive a public school education through their 20th year, if deemed
appropriate (20-A M.R.S.A. Chapters 301 and 303).
An important requirement of the IEP is to determine the “anticipated
date of graduation” (Section 5.11, Maine Special Education Regulations,
November 1999). For effective planning, it is best for everyone, including
your child, to have an open discussion at the PET about the anticipated
date of graduation at least by the time he/she reaches the age of 14
or 15. This will assist everyone to know what the time frame is for the
best planning possible in order for them to move toward their long-term
goals. It will also help them to have a target date for their graduation
and feel connected to their class.
Another important part of the transition planning process is having
information regarding the movement from entitlement for services to eligibility
for services. All students are entitled to a free and appropriate public
education while they are in public school. Once youth exit the public
school system, they must meet eligibility criteria and services are often
determined as resources allow. Each agency has distinct eligibility criteria.
Families who begin transition planning early
(at least by age 14) will have more time to create opportunities and
connect with supports in order for their young adults to achieve their
goals.
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