When do Students with Disabilities Start Being Involved in Making Decisions?
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Build Students' Self-Determination and Self-Advocacy
Students with disabilities who feel a strong sense of self-determination are more likely to be financially independent and successful after high school. And all legal rights, including signing IEPs, turns over from parents to students at age 18.
IDEA reflect these two facts. Students are encouraged in the statute to attend meetings when appropriate when they are young (34 C.F.R. § 300.321(b)). By the age of 16, they are required meeting attendees and the team has to explain why the student was not there in the meeting minutes (34 C.F.R. § 300.321(b)(1)).
The goal of this is to make IEPs with students not just for students. Because that is what leads to the best outcomes for students.
Nothing for us without us is a key motto for disability rights advocates. Unfortunately, it has rarely been applied within special education. Having students at meetings and listening to them is a start.
Student Decision Making in Special Education
Attending IEPs
The legal definition of IEP teams in IDEA includes; “Whenever appropriate, the child with a disability” (34 C.F.R. § 300.321(b)). There are often times with younger students where it is not appropriate to have the student at the meeting for the full time. I would argue, however, that students at any age can attend for at least part. The meetings are for them. They also need to be with them.Then “not later than the first IEP to be in effect when the child is 16” (34 C.F.R. § 300.321(b)(1))– which in plain speak is 15ish– the IEP team is required to discuss the student’s transition plan for after high school AND if the team is discussing transitioning…. they are required to invite the student. The full IDEA language is below, but in effect it means that beginning at age 15 students HAVE to be at their IEPs.Even for IDEA, this language is opaque!“(1) In accordance with paragraph (a)(7) of this section, the public agency must invite a child with a disability to attend the child’s IEP Team meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals under §300.320(b).”
Providing Input
In high school, one of the key ways that students provide input is by completing a transition questionnaire and assessment. The student says what they want to do after high school. It gets entered into the IEP and the team is supposed to then look at goals and services and verify that they are going to help the student reach their goals. At least, in theory. Sometimes students don’t know what they want to do– or their goals are pretty unrealistic and not tied to any academic goals or services.
Other than that, there are not a lot of formal opportunities for student input in IEPs. Parents get a box to share their concerns– but students don’t. It’s a pretty big omission in the law.
However, students can provide lots of input. Mine mostly like to provide input on the accommodations they want– but they are participating!
To learn more what the transition part of an IEP looks like, check out our transition services IEP page. To learn more about supports students with disabilities get for preparing for life after high school, check out our page on that.
