IDEA '97 Transition Requirements: A Guide

Contents | Q and A Main: Section V | Section VI

1. Following the student's graduation with a regular high school diploma, is the school district responsible for providing the transition services?

"The obligation to make FAPE available to all children with disabilities does not apply with respect to…. Students with disabilities who have graduated from high school with a regular high school diploma." (34 CFR §300.122(a)&(300.122)(a)(3)(i))

If the student is awarded any type of exit document (e.g., certificate of completion, modified diploma, etc.) other than a regular diploma, the student remains eligible for FAPE until he or she reaches the maximum age determined by the State or receives a regular high school diploma. "The exception in paragraph (a)(3)(i) of this section does not apply to students who have graduated but have not been awarded a regular high school diploma." (34 CFR §300.122(a)((3)(ii))

 2. Is a re-evaluation required for graduation with a regular high school diploma or termination of eligibility for exceeding the age eligibility for FAPE under state law?

An evaluation "is not required before the termination of a student's eligibility under Part B of the Act due to graduation with a regular high school diploma, or exceeding the age eligibility for FAPE under State law." (34 CFR§ 300.534(c)(2))

3. Is graduation from high school considered a change in placement requiring notice in accordance with §300.503?

"Graduation from high school with a regular diploma constitutes a change in placement, requiring written prior notice in accordance with §300.503." (34 CFR §300.122(a)(3)(iii))

School districts will be expected to provide the notice a reasonable time before proposing to graduate a student, in order to ensure that there is sufficient time for the parents and student to plan for or challenge the pending graduation.

Contents | Q and A Main: Section V | Section VI