Some students with disabilities remain in high school until they are 21 years old. This means they are often receiving services in classrooms with much younger students. In some cases, students with disabilities may be repeating classes they have taken in the past. Since most high school students typically graduate at 17 or 18 and go onto higher education or employment, students with disabilities who remain in high school until the age of 21 have fewer opportunities to interact with same-age peers without disabilities. These services are developed to increase the opportunity to interact with same-age peers in age-appropriate settings and provide further transition skills and employment opportunities in the community. Furthermore, they should provide a continued connection to a student’s home community.
Students ages 18-21 who have not met graduation requirements
Districts must make a free appropriate public education (FAPE) available to any student who has not graduated with a regular high school diploma until the end of the school year in which the student turns 21. The IEP team may determine that the student needs extended school year services, which would be available through the summer break of the school year in which the student turns 21. The school must provide the student age 18 and over, and the parents with Prior Written Notice that the services will be discontinued at the end of the school year, however, parental consent is not required. A reevaluation is also not required when a student graduates or ages out of eligibility for services upon turning age 21.
Secondary Transition Transition Services for 18-21 Year Olds
As has been emphasized numerous times throughout this document, the term ‘transition services’ means a coordinated set of activities for a child with a disability that (A) is designed to be a results –oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living or community participation.
B) is based on the individual child’s needs, taking into account the child’s strengths, preferences and interests; (C) includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.
Who is Eligible for 18-21 Services?
Students receiving special education services who have an IEP (Individualized Education Program) are able to access 18-21 services through their school districts. They may have met the minimum requirements for graduation in their districts, but have ongoing transition needs identified in their IEPs, by the IEP team, and based on assessment data. Students who have earned the minimum graduation requirements may participate in a “social graduation” but cannot accept high school diplomas to receive 18-21 services(refer to local district policies for social graduation information). FAPE (free and appropriate education) ends once a diploma has been issued to a student. Students who have IEPs but leave traditional school settings to attain their GEDs (General Educational Development) retain their right to receive a Free and Appropriate Public Education (FAPE) until age 21 or they receive a regular high school diploma. A regular high school diploma does not include a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential [34 C.F.R. § 300.102(a)(3)(iii)].
Student Ages 18-21 Transition Services (aligned with requirements for ALL students with IEPs):
- Must be instructional, standards-driven and identify requirements for attendance/performance
- Must be part of the individualized transition continuum
- Must not have an arbitrary purpose or point of entry/exit
- Must identify transition needs/goals, outcomes, and agency linkages through the Individualized Education Program (IEP) Process
- Must focus on transition needs aligned with postsecondary goals (i.e., college, employment, and independent living supports)
- Must create and maintain a schedule of direct services corresponding to hours of service identified on IEP
- Must award some credit – credit must transfer to school transcripts
- Exit determination prior to reaching a maximum age is determined by issuance of a diploma (if earned) or through an IEP Eligibility Review (§ 300.305)
Best Practices to Consider for 18-21 Services:
- Should be community-based with a focus on connections to adult resources and/or services, as well as postsecondary education and/or employment opportunities.
- Should clearly identify course and activity objectives aligned with individual transition needs and goals
- Should provide flexibility for school and community experiences based on individual preferences, interests, strengths and needs aligned with postsecondary goals
- Should include clearly outlined processes for phasing out services and supports as well as facilitating linkages to adult services and/or post-school environments.
IDEA
34 C.F.R. 300.101. Free appropriate public education (FAPE). (a) General. A free appropriate public education must be available to all children residing in the state between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school, as provided for in 300.530(d).
92 Nebraska Administrative Code 51 (Rule 51)
007.03A10 If the purpose of the meeting is to consider postsecondary goals for the child and the transition services needed to assist the child in reaching those goals:
007.03A10a The school district or approved cooperative must invite the child;
007.03A10a(1) If the child does not attend the IEP meeting, the school district or approved cooperative shall take other steps to ensure that the child’s preferences and interests are considered.
007.03A10b To the extent appropriate, with the consent of the parents or a child who has reached the age of majority, the school district or approved cooperative must invite a representative of any participating agency that is likely to be responsible for providing or paying for the transition services.