In South Carolina, Must IEPs Include Measurable Post-Secondary Goals Based on Age Appropriate Transition Assessments For Every 13-year-old Student?

Yes. All means all. Under 34 CFR Section 300.320(b), the IEP for each child with a disability, must, beginning not later than the first IEP to be in effect when the child turns 16 (in South Carolina beginning not later than the first IEP to be in effect when the child turns 13), or younger if determined appropriate by the IEP team, and updated annually thereafter, 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.

Furthermore, postsecondary goals cannot use terms like "hopes to" or "aspires to" or "plans to". They must clearly state what the child "will do" upon graduation. Postsecondary goals must be updated regulary as career interests are likely to change over time.

LEAs Must Address the Issue of Extended School Year Services (ESY)

Julie Weatherly featured an article in a journal titled In Case, Volume 48, Numbers 4-6; and in Volume 49, Numbers 1-2. The title of the article is Avoiding Legal Disputes in Special Education: 21 Training Points for Administrators. According to Weatherly, "Although many federal courts had recognized entitlement for some students to extended year services prior to 1999, not all of them had done so. However, IDEA regulations specifically provide for the annual consideration of the provisions of ESY services for every student with a disability. Under the regulations, each public agency must ensure that ESY is available as necessary to provide FAPE and that they are provided if a student's IEP team determines, on an individual basis, that the services are necessary for the provision of FAPE to the student." School personnel must gather and maintain appropriate documentation supporting the recommendation for ESY services.

Teams Shouldn't Be Overly Specific and Include Unnecessary Details or "Promises" in IEPs

Julie Weatherly featured an article in a journal titled In Case, Volume 48, Numbers 4-6; and in Volume 49, Numbers 1-2. The title of the article is Avoiding Legal Disputes in Special Education: 21 Training Points for Administrators. According to Weatherly, "Although IEPs are required to contain educational goals and objectives, it is not expected that they be so detailed as to substitute for a daily lesson plan. Under IDEA, parents are not entitled to demand that items such as the specific teacher, the teacher's day-to-day schedule, curriculum, methodology or specific school site be included in the IEP. In addition, things like extracurricular and nonacademic activites should not be listed specifically on the IEP. Rather, any accommodations or support servies necessary for an otherwise qualified student to participate in a particular activity should be indicated on the IEP. School staff should be trained to respond that, though such things are worthy of discussion and clarification during an IEP meeting, none of these things are required to be directly written into the IEP."

What if a Child Who Has Exited From Special Education Services is Referred Again?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, an initial evaluation would be conducted to reestablish whether the child is a child with a disability who has a need for special education and related services, thus making the child eligible once again for special education services. The school would provide Prior Written Notice and request consent from the parents or adult student before beginning the evaluation. The evaluation must include a review of existing data. If the team determines the current available data are adequate for the purposes of eligibility determination, there do not need to be any further assessments conducted.

May a Student Participate in Graduation Exercises With His or Her Classmates, if She or He is Not Actually Graduating?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, the answer is "yes". The student may participate in graduation exercises unless a local policy would not allow it. However, if there is such a policy, it must apply to all students and not just students receiving special education services. This would apply even if a student has met all of the requirements for graduation, but the IEP team determines that additional services are needed. Some students may require services until age 21 to meet IEP goals, which should be addressed within the student's transition plan. In either ase, the student could participate in graduation exerceses with his or her class, but not actually receive a diploma at that time.

What is Required When a Student with a Disability Graduates from High School?

According to South Carolina's Office of Exeptional Children Policies and Procedures released April 6, 2009, the LEA must provide the student, if age 18 or older, and the parents with a Prior Written Notice that clearly states that the student will no longer be entitled to receive special education services from the LEA after graduation. Informed parent consent is not required. Additionally, the school must provide the student with a Summary of Performance.

What if the Student No Longer Requires Special Education?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, th IEP team must determine whether the student no longer requires special education services based on data from a reevaluation. If, after a reevaluation, the team determines that the student is no longer eligible for special education services it must give parents Prior Written Notice of that determination and that the team is proposing to end services. If the parent disagrees with the decision, the parent may access medication or due process. The IEP team may also determine that the student qualifies as a student with a disability under Section 504 and refer the student to the Section 504 team, which would write a 504 plan for him or her.