Increasing the dialogue among stakeholders in New Jersey’s special education system

For some students, the question of when to accept a diploma is clear, but for most, it is a decision that must be carefully weighed. There is a lot of misinformation about this issue. Here are some answers to commonly asked questions:

Q: What responsibilities do public schools have to ensure that students with disabilities are ready for college, jobs and adult life?

A: The Individuals with Disabilities Education Act (IDEA) is the main federal law governing educational services for students with disabilities. It guarantees a free appropriate public education (FAPE) to all eligible students with disabilities. IDEA aims to prepare them for success after graduation in employment, further education, and independent living.

The student’s local school district is responsible for ensuring a free, appropriate public education (FAPE).

Q: Is graduation simply a matter of accumulated academic credits? What about my child’s other IEP (Individualized Education Program) goals, in social skills, organizational skills and communication?

A: The student’s IEP must specify whether the student will be responsible for accomplishing the typical graduation requirements used by nondisabled students, or whether graduation will depend upon mastery of other skills, which usually means the goals and objectives in the student’s IEP.

Q: My child has all the credits needed to graduate, and has passed the HSPA (High School Proficiency Assessment), but still is not ready for college or a job. Does my child have the right to stay in special education?

A: Graduates with disabilities often find that their greatest impediments to success and independence are in areas that aren’t academic. For example, a graduate who is able to perform high-level reading and mathematics tasks may still demonstrate a lack of social skills, need help with executive functioning abilities such as time management and organization, or have deficits in everyday use of language. These challenges will typically cause significant difficulty in getting and keeping a job, attending college, or living independently. So those skills may be even more important than academic skills in ensuring success and independence after graduation.

An IEP that is written properly will provide that the student will not graduate until such time as all of the academic and nonacademic goals of his IEP are completed or the student ages out of special education at the end of the school year in which he or she turns 21.

Q: My district has said that they want all students to graduate and accept a diploma at the end of senior year, but I do not feel my child is ready. What should I do?

A: It is critical for parents to act quickly if a school district proposes graduating a student who isn’t ready. The school district can be blocked from graduating the student if you take timely action, which usually means requesting mediation or a due-process hearing. Then, graduation is delayed until all of the legal proceedings are completed to determine whether the student is, in fact, ready to graduate.
These proceedings can go on for years in certain cases. Called the “stay put” provision of IDEA, this provides powerful protection against graduating a student prematurely.

Q: What types of transition services and supports are appropriate for a student who may want to attend college or trade school?

A: School districts are required to offer transition services to students beginning at age 16, or earlier if appropriate. Transition services are defined as a coordinated set of activities designed to facilitate the student’s smooth movement from school to post-school life.

Transition services must be:

  • based upon the student’s preferences and interests
  • be results-oriented
  • made up of such things as instruction, related services, and community experiences.

The fact that a student may be bound for higher education after graduation (as opposed to employment) does not diminish a school district’s obligation to provide fully appropriate transition services. All students deserve success after graduation.

Q: Can special education services and supports take place on a college campus?

A: Transition services must include community experiences that aim to help the student achieve success in whatever post-school goal is appropriate. For example, students who will be expected to enter an employment setting after graduation might participate in community-based work experiences before graduation. Or students who plan to continue their education after graduation might be provided with services and supports on a college campus to help them transition to that setting.

Such services and supports may be available through so-called “fifth year” programs, which are becoming more common. In such programs, students who have not yet graduated from high school participate in classes on a college campus. These classes give specialized instruction in the mechanics of attending college, skills like: course selection and registration; how to take notes; how to get assistance from professors, support staff and other resources; how to get schoolwork organized. The classes aim to ensure success in a college or trade school after graduation.

Q: Can the tuition for a college-level course be part of my child’s IEP?

A: There is no absolute bar against school districts being responsible for paying tuition for college-level courses when they are necessary as part of an appropriate transition plan for a student. Then the district could pay the tuition. The question of whether the courses are really necessary must be determined on a case-by-case basis.