Oakland, CA asked in Education Law for California

Q: If a student with an IEP does not meet the minimum requirements to earn a high school diploma can they stay beyond 18

The student didn’t graduate. Can he stay a 5th year or even longer to earn his diploma?

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2 Lawyer Answers

A: Hello:

Even if a high school student earns a "certificate of achievement" they can continue working toward their high school diploma. Where they attend and what services they get will depend on the school district and their individualized IEP.

Many districts shuffle students to adult education after the typical high school age and provide services there. Or, if they are in a non public school (NPS), they may remain there.

It is often best to work with the school long before anticipated graduation to see how services can be provided to help them achieve this monumental goal.

Graduation ends special education eligibility.

Good luck.

James L. Arrasmith
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Answered

A: Yes, a student with an IEP who does not meet the requirements to graduate can stay in school beyond the age of 18. In California, students with IEPs have the right to receive special education services until they turn 22, if they haven’t earned a high school diploma yet. This gives the student additional time to complete their coursework or meet the goals in their IEP.

If the student needs a 5th year or longer, the school should work with you to update their IEP to reflect any extended services they may need. This plan could include more academic support, life skills training, or transition services to help them prepare for life after high school.

Make sure to stay in contact with the school and attend the IEP meetings to ensure the student is receiving the support they need to succeed and earn their diploma.

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