Aging Out of Special Education Eligibility
September 2022 | Issue #32
A student with an individualized education program (IEP) who graduates with a regular high school diploma is no longer eligible for special education and related services
(Education Code § 56026.1(a)). A certificate of completion of high school or a general educational development (GED) certificate is not the same thing as a “regular high school diploma,” and neither of these alternative school credentials triggers the termination of special education eligibility. (Education Code § 56026.1(b-c)).
When a student receiving special education supports and services under an IEP or a student who was found eligible to receive special education services before his/her 19th birthday is unable to earn a “regular high school diploma” as defined by Education Code § 56026.1, they may be eligible to continue receiving special education and related services beyond age 19. Both the federal IDEA and California law have maximum age limits for special education eligibility. The termination of eligibility due to reaching the maximum age is commonly referred to as “aging out.” (34 C.F.R. § 300.102, Education Code § 56026(c)(4).
Under California law, the month that an eligible student turns 22 dictates when eligibility for special education services stops if a regular diploma has not been awarded. The student is then permanently aged out of special education eligibility. Education Code § 56026(c)(4)(A-C) states:
- Any person who becomes 22 years of age during the months of January to June, inclusive, while participating in a program under this part may continue his or her participation in the program for the remainder of the current fiscal year, including any extended school year program for individuals with exceptional needs established pursuant to Section 3043 of Title 5 of the California Code of Regulations and Section 300.106 of Title 34 of the Code of Federal Regulations.
- Any person otherwise eligible to participate in a program under this part shall not be allowed to begin a new fiscal year in a program if he or she becomes 22 years of age in July, August, or September of that new fiscal year. However, if a person is in a year-round school program and is completing his or her individualized education program in a term that extends into the new fiscal year, then the person may complete that term.
- Any person who becomes 22 years of age during the months of October, November, or December while participating in a program under this act shall be terminated from the program on December 31 of the current fiscal year, unless the person would otherwise complete his or her individualized education program at the end of the current fiscal year.
California law is also clear that school districts may not extend eligibility for students aging out of special education, nor can a district develop an IEP to extend a students eligibility beyond the date he/she would age out. Education Code § 56026(c)(4)(D) states:
- No local educational agency may develop an individualized education program that extends these eligibility dates, and in no event may a pupil be required or allowed to attend school under the provisions of this part beyond these eligibility dates solely on the basis that the individual has not met his or her goals or objectives.