The Vermont Statutes Online

Title 16 : Education

Chapter 101 : SPECIAL EDUCATION

Subchapter 001 : GENERAL PROVISIONS

• § 2944. Special education

  (a)-(c) [Repealed.]

  (d) The Secretary with the advice of the State Board may make grants for programs and may make grants, subject to conditions the Secretary shall establish, to persons whom he or she finds qualified for either part-time or full-time study in programs designed to qualify them as special education personnel.

  (e) Within the limits of the funds made available for the purposes of this chapter, the Secretary may provide for the extension of special education to a person with a disability, having attained the age of 21, in order to complete a program of special education in which the person has participated. Reimbursement and State aid provisions of this chapter shall apply to individuals provided education under this subsection.

  (f) The State Board of Education shall, by rule, require that whenever an individual education program requires related services, the program shall include a statement that the team has made the determination that the services are necessary consistent with the requirements of 34 C.F.R. § 300.16, as amended from time to time.

  (g) Any public or approved independent secondary school receiving State education funds shall allow an enrolled student to choose to participate in the graduation ceremony and senior year activities of the student’s peers if:

  (1) the student is receiving specialized instruction or services, from or through the school, described in an individualized education program (“IEP”) or a Section 504 plan;

  (2) under the IEP or Section 504 plan, the student will need to remain enrolled in the school after that graduation ceremony in order to complete his or her secondary education, including special education and transition services; and

  (3) the student, as a result of his or her disability or impairment, needs to remain enrolled in the school after that graduation ceremony in order to complete his or her secondary education.

  (h) A school shall not be required to permit a student to participate in a graduation ceremony or senior year activities pursuant to subsection (g) of this section if the student has not met graduation requirements for reasons that are wholly unrelated to the student’s disability.

  (i) A student who participates in a graduation ceremony pursuant to subsection (g) of this section shall not receive a diploma as part of that ceremony, but shall receive a certificate of recognition in a form determined by the school. If on an IEP, the student shall receive a regular high school diploma upon satisfactory completion of all necessary graduation requirements and at a time determined by the IEP team. If on a Section 504 plan, the student shall receive a regular high school diploma upon satisfactory completion of all necessary graduation requirements. Unless a school determines otherwise, a student may participate in no more than one graduation ceremony.

  (j) A student’s participation in a graduation ceremony pursuant to subsection (g) of this section shall not affect or limit the student’s eligibility for special education services, related services, transition services, or Section 504 services following the ceremony. (Amended 1967, No. 73, § 1; 1969, No. 172 (Adj. Sess.), § 1; 1971, No. 207 (Adj. Sess.), § 2; 1977, No. 14; 1977, No. 194 (Adj. Sess.), §§ 2, 3; 1987, No. 235 (Adj. Sess.), § 11(1)-(3); 1995, No. 157 (Adj. Sess.), § 22; 1997, No. 60, § 10, eff. June 26, 1997; 2009, No. 153 (Adj. Sess.), § 22, eff. June 3, 2010; 2013, No. 92 (Adj. Sess.), § 198, eff. Feb. 14, 2014.)