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What is the Brittany's Law in Illinois?

Published in Special Education Law 3 mins read

Brittany's Law in Illinois is a significant piece of legislation designed to ensure that students with disabilities who have completed four years of high school are granted the opportunity to participate in their high school graduation ceremonies. This law emphasizes inclusion and recognizes the efforts of these students and their families.

Understanding Brittany's Law in Illinois

Brittany's Law mandates specific requirements for school districts across Illinois concerning the participation of students with disabilities in graduation events. It was enacted to address situations where students with disabilities might continue to receive educational services beyond the traditional four years of high school, often through an Individualized Education Program (IEP), and thus might otherwise be excluded from their graduating class's ceremony.

The primary aim of the law is to guarantee equitable access to the symbolic milestone of a graduation ceremony, regardless of a student's ongoing educational needs or timeline.

Key Provisions and Requirements

Brittany's Law, codified in the Illinois School Code (105 ILCS 5/2-3.130), establishes clear obligations for public high schools:

  • Mandatory Policy: Each school district that operates a high school is required to develop and implement a specific policy and associated procedures.
  • Eligibility: The policy must allow a child with a disability to participate in the graduation ceremony of their high school graduating class.
  • Condition for Participation: The student must have completed four years of high school at the end of the school year. This means that even if a student with a disability will continue to receive special education services (e.g., through age 21) after the typical four years, they are still eligible to walk with their peers.
  • Focus on Ceremony: The law specifically addresses participation in the graduation ceremony, ensuring they can celebrate this achievement with their classmates.

Here's a summary of the law's core aspects:

Aspect Description
Purpose To ensure inclusion of students with disabilities in high school graduation ceremonies.
Applicability All school districts in Illinois that operate a high school.
Core Requirement Districts must establish policies and procedures allowing participation.
Eligible Students Children with disabilities who have completed four years of high school.
Key Outcome Students can participate in their high school graduating class's ceremony, even if they continue to receive educational services.

Impact and Importance

Brittany's Law holds significant importance for students with disabilities and their families:

  • Promotes Inclusivity: It ensures that all students, regardless of their disability status or educational path, can share in the momentous occasion of graduation with their peers. This fosters a sense of belonging and validates their hard work.
  • Recognizes Achievement: Participating in the ceremony acknowledges the student's journey, effort, and completion of their initial high school phase, providing a vital celebratory moment for them and their support networks.
  • Standardizes Practice: By requiring a formal policy, the law prevents arbitrary exclusions and ensures consistent application across school districts, providing clarity and fairness.

For more detailed information, the full text of the law can be found within the Illinois School Code.