New York State High School Students with IEP or Special Education Plan Can Stay In High School Until Age 22
Understanding Extended Special Education Eligibility and Transition Planning
For students with intellectual and developmental disabilities (I/DD), the transition from high school to adult life is an important milestone that requires thoughtful planning, coordination, and advocacy. Families should begin these conversations well before a student is expected to leave school so there is adequate time to explore adult services, employment, day programming, community-based supports, housing, continued education, and other opportunities.
Special Education Eligibility Through Age 22
There have been important developments in New York State regarding how long eligible students with disabilities may continue receiving special education services.
Following a federal court decision in 2021 and NYS Adoption in f2023, the New York State Education Department (NYSED) issued guidance explaining that public schools must provide a Free Appropriate Public Education (FAPE) to eligible students with disabilities who have not received a regular high school diploma through the day before their 22nd birthday. NYSED has also recommended that school districts consider providing services through the end of the school year in which the student turns 22.
Families of students approaching the traditional age of school exit should speak with their school district and Committee on Special Education (CSE) about how this guidance applies to their individual circumstances. Remaining in school longer may provide additional opportunities to strengthen independent living skills, vocational skills, communication, community participation, and other skills connected to the student’s post-secondary goals.
Transition Planning Should Start Early
The final years of school should be used to create a bridge between school-based supports and adult services. Transition planning is most effective when the student, family, school, Care Manager, and other members of the support team communicate and work together.
Families are encouraged to discuss questions such as:
- What does the student want their adult life to look like?
- Is employment, volunteering, continued education, or a day program part of their goals?
- What skills can the student continue developing while still receiving school-based services?
- What OPWDD services may be appropriate after graduation?
- Are applications, referrals, eligibility determinations, or service authorizations still needed?
- Will there be gaps between school services ending and adult services beginning?
- What transportation, housing, benefits, community supports, or other resources may be needed?
Before a student’s special education eligibility ends because of graduation with a regular diploma or because the student reaches the maximum age for FAPE, the school district must also provide a Student Exit Summary describing the student’s academic achievement and functional performance and providing recommendations to help the student meet their post-secondary goals.
Your Care Manager Can Help
Families do not have to navigate the transition to adult services alone. Your Care Manager can help you understand available OPWDD services, identify potential providers and community resources, coordinate with the student’s school and other members of the support team, and help develop a plan based on the student’s goals, strengths, needs, and preferences.
If your student is approaching graduation or aging out of school-based services, now is the time to start or revisit the conversation. Ask your Care Manager to participate in transition planning and CSE meetings and to help identify the steps that should be completed before school services end.
For additional information about special education rights and services in New York State, families can visit the New York State Education Department Office of Special Education or review NYSED’s Free Appropriate Public Education (FAPE) guidance.
Planning early can help make the transition from school to adult life smoother, more person-centered, and focused on what matters most to the student.