Thursday, November 12, 2009

What Obligations Does an LEA Have With Regard to the Summary of Performance and Vocational Rehabilitation and/or Post-secondary Accommodations?

According to Questions and Answers on Secondary Transition, 52 IDELR 230 (June 1, 2009), Section 614(c)(5) of the IDEA does not require the LEA to include in the Summary of Performance (SOP) the documentation necessary to determine a child's eligibility for another program or service, such as the State Vocational Rehabilitation Services Program (VR), or the child's need for accommodations in college or in other post secondary educational settings. However, the SOP may include information that may assist another program to determine a student's eligibility for services or accommodations. For example, section 102(a)(4) of the Rehabilitation Act of 1973, as amended, requires the State VR Services program to use information submitted by education officials to assist in making eligibility determinations for students with disabilities. The SOP is one of the educational records that may be used to provide information to determine a student's eligibility for VR services.
A postsecondary student who has identified him or herself as an individual with a disability and has requested academic adjustments, auxiliary aids or modifications of policies, practices or procedures from an institution of postsecondary education may, consistent with an institution's documentation requirements, provide the institution with the SOP as part of the documentation to be used by the institution to determine whether the student has an impairment that substantially limits a major life activity, as defined under Section 504 of the Rehabilitation Act (Section 504) and/or the Americans with Disabilities Act (ADA), and requires academic adjustments as defined in the Section 504 regulations at 34 CFR Section 104.44. Institutions may set their own requirements for documentation so long as they are reasonable and comply with Section 504 and the ADA.

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