Does a General Educational Development Credential (GED) or Alternate Diploma Trigger the Creation of a Summary of Performance (SOP)?

According to Questions and Answers on Secondary Transition, 52 IDELR 230 (June 1, 2009), the answer is "no". A public agency, pursuant to 34 CFR Section 300.305(e)(3), must provide a child whose eligibility for services under Part B of the IDEA terminates due to graduation from secondary school with a regular diploma, or due to exceeding the age of eligibility for a free appropriate public education (FAPE) under state law, with a summary of the child's academic achievement and functional performance. This Part B requirement does not apply to the group of children who leave secondary school with a GED credential or alternate diploma and whose eligibility for services under Part B has not terminated. See 34 CFR Section 300.102(a)(3)(iv), which clarifies that a regular high school diploma does not include alternate degrees, such as GED credential.

What is the Purpose of a Summary of Performance (SOP) and What are the Requirements for Content?

According to Questions and Answers on Secondary Transition, 52 IDELR 230 (June 1, 2009), the purpose of the SOP is to provide the child with a summary of the child's academic achievement and functional performance in order to assist the child to transition beyond high school. The SOP must include recommendations on how to assist the child in meeting his or her postsecondary goals. The Individuals with Disabilities Education Act does not otherwise specify the information that must be incuded in the SOP; rather, state and local officials have the flexibility to determine the appropriate content to be included in a child's SOP, based on the child's individual needs and postsecondary goals.

IEP Drop-in At Fair-Oak Elementary

Yesterday was a great day. I was able to participate in an IEP meeting at Fair-Oak Elementary. The student used to be one of mine as a 3-year-old! Throughout the meeting it was evident that every member of the team genuinely cared about the student and his progress. It was as if he was centered in the circle of chairs to the right. Undoubtedly, each educator put a lot of thought, planning, and collaboration time in prior to the meeting as each communicated professionally and respectfully with knowledge about the student's strengths, weaknesses and needs. Various forms of assessment results were presented supporting the team's recommendations. The parents left the meeting confident that the team had developed the best plan possible to meet their child's educational needs. Great meeting!

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.

If an IEP Chooses to Address Transition Before Age 16 (South Carolina begins at age 13) are the Same Standards Required?

According to Questions and Answers on Individualized Education Programs (IEPs), Evaluations, ad Reevaluations, 47 IDELR 166 (January 1, 2007), the answer is "yes". The regulations provide, at 34 CFR Section 300.320(b), that beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team (or State), and updated annually, thereafter, the IEP must include-- 1) Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and 2) The transition services (including courses of study) needed to assist the child in reaching those goals. If the IEP Team for a particular child with a disability determines that it is appropriate to address the requirements of 34 CFR Section 300.320(b) for a child who is younger than age 16, then the IEP for that child must meet the requirements of 34 CFR Section 300.320(b).

Ringwood Board of Education v. K.H.J., 49 IDELR 63, 258 Fed. Appx. 399 (3rd Circuit, 2008)

In her presentation at the 19th Annual CASE (Counsel for Administrators in Special Education), Julie Weatherly mentioned a situation whereby a parent contended that the special education services provided by the district did not convey meaningful educational benefit. Her summary follows...
Where it is undisputed that the student has 'above average' intelligence, an Administrative Law Judge (ALJ) made a factual finding that the student had the 'potential of performing at least in the average grade level in reading', this hardly qualifies as 'maximizing' the child's potential. When students display considerable intellectural potential, IDEA requires a great deal more than negligible benefit. Because the student made only 'negligible progress' in the school district's program and was still one to two years behind grade level, the ALJ properly concluded that the Board had failed to provide FAPE.

Should Access to the Community be Included in the IEP as Independent Living Skills?

For some students with disabilities, the IEP team may determine appropropriate measurable postsecondary goals designed to improve independent living skills are necessary. If so, the team must also determine the type of transition services required to help the student achieve those goals. Transition services are "a coordinated set of activities for a child with a disability" that are intended "...to facilitate movement from school to post-school activities" and can include "independent living, or community participation" (34 CFR Section 300.43). If the results of an assessment of a student's independent living skills leads an IEP team to determine that access to the community is necessary for the student to receive a free and appropriate education, the team must design transition services to be included in the IEP that will help the student achieve those goals.