Transition: TRANSITION LAWS/FORCED OUT BY DISTRICT

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Kimberly: Can a 20 year old student be forced to exit transition by the district if he is presently meeting his goals? Student and parent want him to stay for another year or until day before 22nd b-day.

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Jill G

Kimberly –

Has the student met both local and state graduation requirements (or actually received a “regular” diploma)? If yes – and he has met his goals (at least in the opinion of the Team) – the Team can PROPOSE that he be exited from special education. Like any other decision, though, the Team must provide the parent notice and the parent has the right to disagree with it an seek dispute resolution options.

If he hasn’t met graduation requirements, he still retains eligibility for special education until the Team completed a full evaluation and finds him ineligible based on the results.

The parent may want to consult with your local parent center for assistance with navigating this (http://www.parentcenterhub.org/find-your-center/).

Chuck

The answer depends on the state policy on graduation. If the IEP team says that the student has met the state criteria, & has met all appropriate goals, the parent can still file for a due process hearing, &/or request mediation.