FAQ Friday: How long can my child with special needs stay in school?

4/26/2013

IDEA requires schools to provide all students with a free education that is appropriate for the student and provided in the best environment. This might mean you take all general classes but go to a resource room for special help, or it might mean that you receive all instruction in general classrooms. IDEA serves students from ages 3 to 21 and requires transition services. School services under IDEA are something that every student with a disability is entitled to. This means that no matter who you are, what your income or your family’s income is, or what kind of disability you have, the school is required to provide a free, appropriate education. You are only entitled to these services, however, while you are still in school, typically until age 18 to 21.

(IDEA - Public Law 101-476)

24 Comments

Sharon D Mack

9/1/2016 07:32:24 pm

I am a special needs teacher. By law, students can be served by schools until the day they turn 22. 21 years and 364 days. I've seen schools kick a child out the day he turned 22 because they no longer received money. I've also seen schools allow a student who's turned 22 to complete the year.

Ronald

6/27/2018 10:08:37 pm

I have severe autism and special needs I am also visually impaired and I've been in special education since prekindergarten I took resource but it didn't go as the school expected since my autism
Is severe and graduation May depend since I have special needs

Susan P Jette link

9/10/2020 03:08:58 pm

Thank you for the info. My sons DDS worker also informed me that my son will be in school until he turns 22 as the supreme court just past the law in Mass these kids dont start receiving any help or funding from DDS until they turn 22.and i just contacted my sons teacher as they have had other parents ask about it as we were informed before they graduate at 21 .i am now waiting on the superintendent of the school to contact me back and to see what they have to say

Lynn Spence

11/12/2020 02:21:28 pm

I was wondering if you found out anything? My son has autism and he is 18. In his IEP it states he graduates at the age of 22 but now the school is trying to make him graduate May 2021 and he would have just turned 19. I don’t know what to do. It feels like they are just trying to get him out. I want to know what the law is.

Susan P Jette link

11/12/2020 03:03:16 pm

Update.i have just heard from my sons teacher and the board of Ed that my son can and will stay in school until he turns 22 yrs of age

Susan

5/3/2022 09:09:18 pm

The law is the same in CT they can graduate at 22 my son graduated this year.

Nikhil Chavan link

3/19/2018 03:01:18 am

Hey Sharon, Thanks for sharing such an useful article. It was very useful for me as I'm very much worried about my daughter.

Trish

4/22/2018 01:46:26 pm

I have a son on the spectrum, he is due to graduate this June from Burlington county institute of technology. He has met all the requirements credit wise to graduate, but neither he nor I feel he is ready for the transition to life as an adult. He wants to remain in school until he is 21, I feel that is best for him as well. The school child study team has told me “they don’t do that”. What should I do?

NWACPRC Staff

4/24/2018 08:26:11 am

We'd be happy to help you! Give us a call at 479 927 4100 and ask for FSP/CPRC or email us at [email protected] and we'll forward your question to one of our parent advocates.

Ronald

6/27/2018 10:10:26 pm

Talk to the school and see

Ruth

11/7/2018 03:45:30 pm

I have the same question i googled it tgey can stay tell ther 21 call for a due process asap and emergency iep on it asap

Susan

5/3/2022 09:15:16 pm

Hi Trish,
I know in some states they have passed a law where they can stay in school u til there 22, you can find out from your state and mention that other states like mass & CT allow them to stay in school until they turn 22,this is what I did and was able to keep my son in.hope this helps some.

Susan jette

8/15/2022 10:05:56 pm

Contact your board of Ed because most states allow disabled kids to stay in school until there 22 depending on there birthday,as they passed a new law

Gisel parham link

8/23/2022 12:36:43 pm

Do yall want a free babysitter forever?

Susan P Jette

11/12/2020 03:05:37 pm

Update i have found out from my sons school teacher and the board of Ed that my son can and will be able to stay in school until he turns 22 yrs of age

Nancy Fletcher

5/3/2022 08:42:38 pm

I would like to know does a special needs child have to go to school until he is22

Susan

5/3/2022 09:12:02 pm

Hi Nancy.
They don’t have to I’d
If you don’t want them to he can graduate at 21, the reason why they are allowing them to graduate at 22 is because the DDS services aren’t available for them until there 22 like day programs and work programs

Darrell Green

8/15/2022 09:42:50 pm

want to know do i have to keep him in school after he graduated this year

Susan

8/15/2022 10:12:04 pm

Hi Darrell
You don’t have to keep him in school after he turns 21 and graduates,if you don’t want to but DDS services don’t start or are not avaliable until they turn 22 so you wouldn’t be able to put him in a day program or work program ,this is why I kept my son in until his 22. Hope this helps

Fay

5/17/2022 06:18:28 am

All of your questions and comments really help me. I'm trying to keep my special needs foster sister in school and I don't think the school want that for her because she's so sweet. She is but she's not ready for the transition.

Mia Evans link

8/4/2022 11:57:48 pm

It's interesting to know that there are options wherein a child can receive special help or even attend the general classroom all throughout. I can imagine finding an online special education curriculum with that kind of option, since I still my niece to have interactions with other kids her age. I am helping my sister find a school like that this year, because she is at the right age to start attending even if she has problems with her speech.

Diane

9/21/2022 07:55:05 pm

We are considering a move to Florida, does Florida allow kids with an IEP to stay in school until they are 22

Deborah

11/15/2022 05:36:04 am

Interested in responses to Dianes’ question below. Also is there a website to check for other states as well? TY..

DIANE
9/21/2022 07:55:05 pm
We are considering a move to Florida, does Florida allow kids with an IEP to stay in school until they are 22

Jody

11/17/2022 09:26:18 pm

I can see allowing a SPED student to stay in school after the age of 18 if the student is transitioning to college, the workforce or independent living.

However. Some of these SPED kids will never advance to any of those.
It is these kids that the school has been and will continue to be a free babysitting service.

Why is it the school's responsibility to continue allowing these now adults to ride a school bus with children and take public school resources away from actual minor students?

FAQ Friday: How long can my child with special needs stay in school?

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