In December 2005, the Illinois legislature amended the School Code to allow students with special needs to participate in graduation ceremonies with their peers. This new law allows students who have IEPs to enjoy the "pomp and circumstance" of the graduation ceremony, even if the student is continuing to receive special education services post-graduation. The ARC of Illinois successfully lobbied for this law which is known as Brittany’s law.
This law recognizes that the social rites of passage are an important element of the school experience. It should not be diminished simply because a student continues to receive IDEA services. In Illinois if your child has completed 4 years of high school, but will continue to receive services, parents should inquire now as to the school’s policy implementing Brittany’s law which is reproduced in pertinent part below:
"Beginning March 1, 2005, each school district that operates a high
school must have a policy and procedures that allow a child with a
disability who will have completed 4 years of high school at the end of
a school year to participate in the graduation ceremony of the
student’s high school graduating class and receive a certificate of
completion if the student’s individualized education program prescribes
special education, transition planning, transition services, or related
services beyond the student’s 4 years of high school. The policy and
procedures must require timely and meaningful written notice to
children with disabilities and their parents or guardians about the
school district’s policy and procedures adopted in accordance with this
Section."
The caution, however, is that the IEP needs to be specific that participation in graduation ceremonies under Brittany’s law does not end IDEA services.
For those students outside of Illinois, this would also be the time to inquire about participation in graduation ceremonies.For instance, California allows graduation participation, but Colorado leaves the issue up to each district to decide. Download Colorado graduation req.pdf
. Even without a Brittany’s law, there is no obvious legal prohibition to allowing graduation participation. Nevertheless, parents should not assume this will be permitted without legal mandate; make the request now so this spring there can be a well deserved celebration of 4 years of hard work.