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State and Federal Requirements
State and Federal Requirements
The Individuals with Disabilities Education Act (IDEA) and Chapter 115 of the Wisconsin State Statutes provide students with IEPs the right to a free and appropriate public education (FAPE) until the student either earns a regular high school diploma or reaches maximum age. Wisconsin State Statute 115.76(3) defines maximum age as the end of a school term during which the student turns 21 years old. If a student turns 21 prior to the beginning of a school term, the student’s maximum age will be reached in the previous school year. The school term for this purpose is defined by each local school district calendar. In most instances, students with IEPs will graduate in the four year cohort much like their peers without disabilities. However, if the student has not met state and local requirements to earn a regular high school diploma or met their individualized IEP goals, the student remains entitled to FAPE. For these students, there are important considerations for IEP teams to make to ensure a student’s right to FAPE is met, as well as preparing the student to reach their postsecondary goals in the areas of education, training, employment and, as necessary, independent living.
The foundation of 18-21 year old special education services rests on a student’s Postsecondary Transition Plan (PTP). Programming during this time should be individualized and address both the student’s postsecondary goals and disability-related needs. These services are not defined by a student’s disability category or their eligibility for a program per an application process. The IEP team designs these services as well as the length of time needed for the student to reach the outlined goals and/or meet graduation requirements.
In some instances, students with IEPs ages 18-21, may continue to work towards graduation requirements, however many students are working towards meeting IEP and postsecondary goals. IEP teams need to carefully consider the least restrictive environment (LRE) for students in 18-21 year old programming. Teams should evaluate where the student’s same age peers are learning, working and living. Programming during this time should support a student to be successful in these environments post high school.
Collaboration is a critical component in the successful transition from high school to adulthood for students with IEPs. IEP teams should work closely with outside agencies to build a meaningful day for students engaged in programming between ages 18-21. While a school district plays a critical role in the transition process, successful 18-21 year old services exhibit increasing shared responsibility between transition stakeholders during the final years of a student’s education.
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