IDEA '97 Transition Requirements: A Guide

Appendices  

As a student with a disability, you have certain rights based on both Federal and State Laws. This document will help you understand your rights related to getting an education and other key issues. You should always speak to your teacher, school case manager, and parent first if you need further information or are having a problem with asserting any of the rights listed here. If you need additional help, check with your teacher for agencies to contact.

 Students who are eligible for special education have the right to:

• A free appropriate public education through age 21 or high school graduation with a regular high school diploma, whichever comes first.
• Have a statement of transition service needs included in their IEPs at least by age 14 (or younger, if determined appropriate by the IEP team).
• Have a statement of needed transition services in their IEPs at least by age 16 (or younger, if determined appropriate by the IEP team). Transition services are strategies to prepare students for successful adult life.
• Attend and participate in their IEP meetings at any age if a purpose of the meeting will be the consideration of the student's transition service needs, the needed transition services or both.
• Be educated with children who are not disabled to the maximum extent appropriate.
• If your state transfers rights at the age of majority, then the student has the right to be informed, at least one year before he or she reaches the age of majority, that all parental rights under state law will transfer to the student when he or she reaches the age of majority.

(Note: the following process will vary from state to state. Be sure to make appropriate changes).

If you need more information or have a problem asserting any of these rights, first speak to your teacher, school case manager or parent. If you need additional help, you (or your parent if you are not yet at the age of majority) have the right to ask for mediation and, if needed, an impartial due process hearing. Look at a copy of the "parental rights in special education" booklet your school should give you. Details about these procedures and the forms you will need are in this booklet. A request for mediation or for a due process hearing should be mailed to the director of the office of special education programs (include address). The request must state the problem and the solution you want. It must also show that a copy of the request was sent to the district.

People with disabilities have the right to:

• Be provided with appropriate accommodations to meet their needs in order to benefit from their education. (Section 504 of the Rehabilitation Act)
  
  If you need more information or have a problem asserting this right, contact the (name of the state) department of education, office of special education programs at (give phone number), or call the office for civil rights at (give the phone number).
  
  
• Not be discriminated against because of their disabilities in the areas of:

  1) employment.
  2) public service and transportation.
  3) public accommodations.
  4) telecommunications. (The Americans With Disabilities Act, or ADA)

  For further information about the ADA, call the (give appropriate office and phone numbers, both voice and TDD).

• Get help in preparing for, obtaining and keeping a job after graduation from high school (regardless of the severity of their disabilities). After being determined eligible for services, the (state) Division of Vocational Rehabilitation Services (DVRS) provides this assistance. (Rehabilitation Act and any relevant state laws)

  Students can have their eligibility for DVRS services determined up to two years prior to leaving high school. Students should speak to their case manager about this process, or contact a DVRS office that is located near their home. The phone number for local DVRS offices can be obtained from your case manager or the blue pages of the phone book listed under (provide appropriate reference).

  If you have a problem with using DVRS services, ask to speak with a supervisor or the office manager. If you need further assistance, contact the client assistance program at (give appropriate toll free numbers).