What are my Special Education rights after I turn 18?

Yes. You can keep getting special education, including an individualized education program (IEP), until the end of the school year that you turn 22. If you turn 22 after August 31, you may still be eligible for special education through the end of that school year. 

Special education after age 18 still includes all the individualized services, accommodations, modifications, and placement needed for you to get a free, appropriate, public education. 

• You still have the right to be educated in the least restrictive environment appropriate for your needs. 
• You still have access to the basic education program, including full-length school days and a full school year, if appropriate for your needs and agreed to by your IEP team. 
• Your IEP team should still meet yearly to review your progress and update your plan. And they should evaluate your eligibility for special education at least once every 3 years. 

Yes, including about special education. There are some exceptions, including: 

• If you have a legal guardian.
• If you’ve given someone power of attorney to make education decisions for you, you can still make your own decisions, but your power of attorney can make decisions too. 
• If your school has chosen an educational representative for you. This could be your spouse, parent, adult relative, or an appointed representative. 

They’re chosen by your school to make education decisions for you. Before they can designate someone to do this, the school must get letters from 2 professionals. Each professional must be one of these: 

• A medical doctor licensed in the state where they practice 
• A physician's assistant, whose supervising physician also signs the letter 
• A certified nurse practitioner 
• A licensed clinical psychologist 
• A guardian ad litem appointed for you 

The professionals’ letters must each say all of these: 

• The professional examined or interviewed you.
• You can’t make informed educational decisions on your own. 
• You’ve been told about the professional’s decision that you don’t have that ability.

 You or another adult with interest in your wellbeing can challenge the appointment of an educational representative at any time.

Your IEP Team will develop a graduation plan and date based on your best interests. They should consider all of these:

• Whether you’ve met graduation requirements, including credit and other requirements 
• Your progress on your IEP goals, including transition goals
• Whether you need and would benefit from additional special education services 

Your IEP team may use comparable course work for graduation credit. 

Even if you’ve met graduation requirements, your IEP team may find you eligible for additional special education for other reasons. They may hold off on graduating you so you can keep getting services. 

After you graduate, you can’t receive special education services anymore. If the school says you’re ready to graduate, but you think you need more time to access your special education program, you or anyone with the right to make decisions about your education can appeal the school’s decision by filing a “due process” hearing request before the school district gives you your diploma. Even if a judge decides you’re ready to graduate, you won’t have to leave school until your court case is done. 

Try to talk to a lawyer before filing a due process hearing request. Call the Northwest Justice Project’s Special Education clinic: (206) 707-7292. Leave a message explaining what’s happening and a phone number and/or email address where you can be reached.

Yes. If you have an IEP and get special education services, you can take part in graduation with your class even if you won’t graduate that year. You’ll get a Certificate of Attendance instead of a diploma at the ceremony.

Yes. They’ll use 2 related planning tools: the High School and Beyond Plan (HSBP) and your IEP Transition Plan.

HSBPs are a graduation requirement for all Washington students. Your school creates your HSBP with your input starting in 7th grade and updates it yearly. It includes your career and/or education goals and a plan for which classes to take toward those goals. It also can include activities such as resume building. It can include interventions and academic support, if you need them.

Your IEP team should set up an IEP Transition Plan by or before the school year you turn 16. This Plan doesn’t replace any other part of your IEP. The IEP team incorporates your Transition Plan into every following IEP. They must do a transition assessment with you to figure out your post-graduation goals related to all of these:

• Education/training 
• Employment
• Independent living, if appropriate

The Transition Plan’s goals should be consistent with HSBP’s, but don’t have to all be the same. Your Transition Plan should include a plan for specially designed instruction, related services, community experience, and placement needed to accomplish those goals. This may include 

• Vocational and independent living skills training 
• A plan to coordinate with adult services agencies to support you before or after graduation 

Your school must still provide you with free, appropriate, public education until you graduate, even if it coordinates with other agencies or providers of services.