THEO'S LAW
Ensuring Graduation Access for Special Needs Students in Residential, Medical, or Institutional Care

 
SECTION 1. SHORT TITLE
This Act may be cited as "Theo's Law."

 
SECTION 2. LEGISLATIVE INTENT
The purpose of this Act is to ensure that special needs students — particularly those in hospitals, institutional settings, short-term or long-term care facilities — are not excluded from graduation ceremonies or other milestone school events due to public health emergencies, hospitalization, or systemic oversight.

This legislation honors the experience of--------"Theo" Stoner, a non-verbal, profoundly autistic student who graduated from ------- High School in 2020 but was never offered a chance to walk in his graduation ceremony due to COVID-19 restrictions at his residential care facility and a lack of proactive planning by the school district.

Theo is profoundly autistic. He will never marry, never have children. His high school graduation is the only milestone event he will ever experience. And though he is non-verbal, Theo knows his mother, his father, and his siblings. He was told he would walk at graduation. He looked forward to it. He earned it. And he deserves it.

Family members who had long hoped to see him graduate have since passed away. That opportunity can never be recovered. But we can and must ensure that Theo, and students like him, are given a meaningful chance to walk across the stage with dignity, surrounded by the people who love them.

This Act affirms the right of every such student to equal access and participation in significant school milestones — while providing clear guardrails regarding eligibility, timeframe, and feasibility.

 
SECTION 3. LEGISLATIVE FINDINGS

Special needs students residing in hospitals, institutions, or residential care facilities are uniquely vulnerable to exclusion from milestone school events such as graduation and prom.
During the COVID-19 pandemic, many students in these settings were unable to attend graduation ceremonies, and no alternatives were provided.
-------“Theo” Stoner was allowed to remain in the public school system under Georgia’s age extension for students with disabilities, and lawfully graduated in 2020 at age 22 — his final year of eligibility.
---------Center, the care facility  followed all health and safety protocols and was not at fault. The responsibility for accommodation rests with the school district.
Milestone events like graduation represent one of the few public celebrations available to profoundly disabled students and must be guaranteed by law.
Clearly defined eligibility criteria, timeframes, and age limits are essential to ensure targeted application and avoid unintended misuse of the law.
 
SECTION 4. DEFINITIONS

"Eligible student" refers to a student with a documented intellectual, developmental, or significant mental or physical disability who:

Was enrolled in a public high school under IDEA or Section 504 protections at the time of graduation,
Was age 22 or younger at the time of original graduation eligibility (in accordance with Georgia law),
Was residing in a long-term or short-term care facility, institutional setting, or hospital during the scheduled graduation,
And was unable to participate in their scheduled graduation due to COVID-19-related facility lockdowns or medical restrictions.
"Milestone event" includes graduation ceremonies, proms, senior recognitions, or other capstone rites of passage.
"Extraordinary circumstances" refer to public health emergencies, including the COVID-19 pandemic, as well as hospitalizations, protective facility lockdowns, or other uncontrollable barriers preventing physical attendance.
 
SECTION 5. GRADUATION ACCESS REQUIREMENTS

(a) If an eligible student was unable to attend graduation or prom due to extraordinary circumstances as defined, the school district must:

Upon written request from the student’s parent or guardian, provide an opportunity for the student to participate in the next scheduled graduation within 12 to 15 months, aligning with the following school year.
Allow the student to walk with a future graduating class or participate in a private, group, or district-hosted ceremony.
Notify families in writing, by certified mail and/or email, of these rights no later than 30 days prior to the original event date.
(b) The responsibility to initiate an alternative graduation request lies with the parent or legal guardian. The school district must acknowledge and respond to the request within 30 calendar days.

(c) School districts retain flexibility in the format of the make-up graduation. They are not required to replicate a full commencement event. Smaller, symbolic, or joint ceremonies may be held at the district’s discretion, so long as they are meaningful and respectful.

(d) Districts are encouraged to work with families to determine the most appropriate and dignified format for honoring each eligible student.

(e) The ceremony must include formal regalia, ceremonial recognition, and an opportunity for photo/video documentation. If original graduation items (e.g., cap, gown, sash, cord) are no longer available, districts must offer assistance to obtain appropriate regalia. Where possible, students should wear their original year’s items (e.g., Class of 2020 or 2021), or be provided a distinguishing cord, sash, or other visual element that honors their correct graduation year.

 
SECTION 6. LOCAL EDUCATION AGENCY (LEA) POLICY MANDATE

All public school districts shall, within 12 months of enactment:

Adopt formal written procedures for inclusive graduation planning for eligible students.
Train special education, administrative, and event staff in these policies.
Designate a "Graduation Inclusion Coordinator" responsible for oversight and family communication.
Document, track, and respond to accommodation requests within 30 calendar days.
 
SECTION 7. RETROACTIVE RELIEF

(a) Any eligible student who missed a graduation event due to COVID-19 or facility lockdown between March 2020 and December 2021 may:

Request participation in the next scheduled ceremony within their district,
Receive an honorary or symbolic walk,
Be recognized through district-approved channels. These may include:
• A designated 2020–2021 section in the upcoming yearbook,
• A separate printed tribute booklet or digital slideshow,
• A shared video montage,
• Or any combination thereof at the school’s discretion.
These methods are meant to ensure meaningful inclusion without placing undue burden on current yearbook or media teams.

If the student paid graduation dues in 2020 or 2021, those funds should be applied toward regalia and inclusion costs, or otherwise reimbursed.

(b) Retroactive requests must:

Be submitted by a parent or guardian no later than December 31, 2025.
Be honored by the district through May 31, 2026, where logistically feasible.
Be limited to individuals who were age 22 or younger at the time of their originally scheduled graduation.
(c) Districts may use the following model program text for use in ceremonies or printed/digital media to honor retroactive graduates:
“We proudly recognize members of the Class of 2020 and 2021 whose original graduation ceremonies were impacted by the COVID-19 pandemic. Today, we celebrate their resilience, achievement, and rightful place in our community of graduates.”

 
SECTION 8. ENFORCEMENT

Parents or guardians may file a complaint with the State Department of Education or the U.S. Office for Civil Rights in cases of non-compliance. Corrective actions may include:

Arranging a compensatory ceremony.
Issuing a formal written district apology.
Mandating disability inclusion training for relevant personnel.
Administrative penalties including suspension of certain public funds for repeated violations.
 
SECTION 9. EFFECTIVE DATE
This Act shall take effect immediately upon passage and apply to all public school districts statewide.

 
SECTION 10. SEVERABILITY
If any provision of this Act is held invalid, the remainder of the Act shall remain in full force and effect.