Your Child’s Right to Special Education Until Age 21: What Parents Need to Know
- Mary Patton
- Sep 2
- 3 min read
For decades, parents of children with disabilities have fought for the protections guaranteed under the Individuals with Disabilities Education Act (IDEA). One of the most important of these protections is your child’s right to a Free Appropriate Public Education (FAPE) from age 3 through age 21.Yet across the country, many school districts are misleading families — telling them that their child will “graduate” or “age out” at 18, even if they have not earned a regular high school diploma. This misinformation denies children valuable years of life skills, transition training, and employment preparation.
What the Law Says
IDEA guarantees FAPE to children ages 3–21 unless they graduate with a regular high school diploma.
- IDEA Regulation: 34 CFR §300.101(a)“A free appropriate public education must be available to all children residing in the State between the ages of 3 and 21, inclusive…”Link: https://sites.ed.gov/idea/regs/b/b/300.101
- IDEA Regulation: 34 CFR §300.102(a)(3)(i)The only exception to FAPE eligibility is if the child has graduated with a regular high school diploma. Alternate diplomas, certificates of completion, or special diplomas do not end eligibility.Link: https://sites.ed.gov/idea/regs/b/b/300.102
How Schools Mislead Parents
Some districts wrongly state that children in alternate assessment programs will “graduate at 18.” This practice:
• Denies students the chance to access transition services from 18–21.
• Constitutes predetermination, which is illegal under IDEA (34 CFR §300.116(b)(2)).
• Excludes parents from being equal members of the IEP/ARC team.
Kentucky Law supports IDEA and ensures that children within special education to receive a free appropriate public education until age 21 or a regular diploma is obtained.
Special education is instruction that is specially designed and uniquely tailored to meet the needs of children with disabilities. Public schools must provide special education and related services (e.g. Occupational Therapy, Physical Therapy, Speech) to eligible students with disabilities at no cost to the parents. The Individuals with Disabilities Education Act (IDEA) is the law that gives qualified children with disabilities the right to receive special and related services in public schools. The IDEA applies to children from ages three to 21.
The quote, "It would be insidious if graduation proceedings were employed as a device to circumvent the Federal mandate by prematurely terminating special education services," is from a 1984 Massachusetts Supreme Court case, Stock v. Massachusetts Hospital Schhttps
Wrightslaw
Predetermination and Parent Rights
Predetermination occurs when a school decides on placement or services before the IEP/ARC meeting and presents it as a decision instead of a team discussion.IDEA requires that parents are equal members of the IEP team (34 CFR §300.321(a)(1)). When schools tell parents that their child “will graduate at 18,” without true discussion, they are violating this right.
What Parents Can Do: Correcting Predetermination
If you were told your child would graduate at 18, here’s how you can respond:
Advocacy Outline
1. Identify the Issue Clearly - State that graduation at 18 was presented as a decision, not a discussion. - Cite 34 CFR §300.116(b)(2) requiring individualized, team-based decisions.
2. Cite Eligibility Law - IDEA guarantees FAPE ages 3–21. - Only a regular diploma ends eligibility (34 CFR §300.102(a)(3)(i)).
3. State Your Position - Your child will remain eligible through 21. - You want transition goals focused on life skills, job training, and community access.
4. Request an ARC Meeting - Ask for a meeting to: • Correct the record. • Update the IEP to reflect services through 21. • Add transition goals for ages 18–21.
5. Sample Parent Language “We believe predetermination occurred in the prior ARC regarding [student’s] graduation at age 18. This decision was not made collaboratively with us as equal members of the IEP team. We request an ARC meeting to correct this process, as it is our intent for [student] to remain enrolled and receive transition services until age 21, as allowed under IDEA.”
6. Submit in Writing - Send by email or letter. - Copy the Special Education Director and ARC Chair. - Reference IDEA regulations in your request.
Why This Matters
Children with significant disabilities need more time and support to transition into adulthood. Denying them education from 18–21 is denying them their legal rights under IDEA.By law, your child is still entitled to FAPE until age 21 unless they receive a regular diploma.
Parent Takeaway
✔️ Don’t accept “graduating at 18” without question.
✔️ Remember: an alternate diploma is not a regular diploma.
✔️ You have the right to request a new ARC meeting to correct predetermination.
✔️ Bring your own life skills/job skills suggestions for transition planning.
Your child deserves every year of support the law provides. Advocate boldly, and don’t let anyone take away their rights.
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