My daughter, 19, has Down syndrome. The district wants to keep her in high school. I do not feel it is appropriate. I have signed her up at a community college, paid for the courses and for a support person.
I need the district to do some evaluations (assistive technology, vocational, etc.) to help me move forward in designing a transition plan for her. The district refuses, stating she is no longer a student in the district. I disagreed. She is still a student of the district, but she does not attend the high school.
Does the school have the right to deny my daughter evaluations?
Questions that need to be answered.
- Has your child previously had an IEP?
- Does the school want to provide an IEP at the high school?
- Can you prove that the program at the Community College is more appropriate?
- If yes, what is your proof?
A quick tutorial:
1. In IDEA 2004, read 20 USC 1412(a) (1) and (3).
It makes it clear that all children with disabilities are entitled to FAPE (subsection 1) and to be “identified, located, and evaluated” (subsection 3).
(In Wrightslaw: Special Education Law, that section is at page 71-72.) (https://www.wrightslaw.com/bks/selaw2/selaw2.htm)
2. Then, go through Section 1414, subsections a, b, c. Pay close attention to (c)(5)(A) and (B).
3. Next, you will also want to look at Regulation 300.102 (begins on page 204) about eligibility for services and when services end. Services end when a child graduates with a regular high school diploma, or ages out.
Using Part B Funds for Transitional Programs
You may be entitled to reimbursement, or have the cost of the community college program paid for by the school district.
“Part B funds can be used for student ‘participation in transitional programs on college campuses or in community-based settings. . .”
See the Commentary in the Federal Register, page 46668.
4. Sometimes state statutes may also provide guidance. Review your state statutes, guidelines, and special education regulations.
You will need to do some homework before you can lock it up.