Thursday, November 5, 2009

Must an LEA Measure Postsecondary Transition Goals Once a Student Has Graduated or Aged Out?

According to Questions and Answers on Individualized Education Programs (IEPs), Evaluations, ad Reevaluations, 47 IDELR 166 (January 1, 2007), the answer is "no". Under 34 CFR Section 300.101, a free and appropriate public education (FAPE) must me made available to all children residing in the state in mandatory age ranges. However, the obligation to make FAPE availble does not apply to children who have graduated from high school with a regular diploma (34 CFR Section 300.102(a)(3)) or to children who have exceeded the mandatory age range for provision of FAPE under State law (34 CFR Section 300. 102(a)(2)). When a child's eligibility for FAPE pursuant to Part B terminates under these circumstances, in accordance with 34 CFR Section 300.305(e)(3), the local educational agency (LEA) must provide a "summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child's postsecondary goals." However, this provision does not require the LEA to provide services to the child to meet these goals.

No comments: