Moving On: The IDEA and Summary of Performance for Students Graduating or Aging Out of School

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  Generally, the IDEA requires that once a school district determines that a student has a disability, the district must reevaluate (34 CFR 300.305) the student before the school district determines that the student no longer has a disability and is not eligible for IDEA services. That reevaluation must meet all of the requirements set out in 34 CFR 300.304. But, this reevaluation is not required for students with disabilities who are no longer eligible for IDEA services because they have: (1) graduated from secondary school with a regular education diploma or (2) have exceeded the age eligibility requirements, age twenty-one, for receiving a free appropriate public education under State law. For those students, the IDEA requires that the school district provide a summary of the student’s academic achievement and functional performance. This is also referred to as a Summary of Performance or SOP.
 
      The Summary of Performance includes not only a summary of the student’s academic and functional performance, but also includes recommendations on how to assist the student in meeting the student’s postsecondary goals. Thus, the Summary of Performance can be a very useful tool for the student in documenting that the student has a disability and providing information about accommodations the student may need to be successful after high school.
 
     This is true because, unlike the public schools through the elementary and secondary levels, colleges and other post secondary institutions are not usually required to assess an individual to determine if they have a disability and may need accommodations. Under both Section 504 of the Rehabilitation Act and the Americans with Disabilities Act, colleges may not discriminate against students with disabilities and may be required to provide academic adjustments and auxiliary aids to support the student. But the student is expected to provide information about the disability and the support the student may need. A well-written summary of performance might provide that information.
 
   This summary might also provide documentation that would help the adult student receive services from vocational rehabilitation services (VR) and other state and local disability service providers. To be sure, information contained in the Summary of Performance that a student has a disability does not automatically mean that the student is eligible for services from state VR agencies. State vocational rehabilitation agencies are required to assess individuals seeking vocational rehabilitation services in order to determine their eligibility for rehabilitation services. The Summary of Performance might be helpful in that process.
 
   While the IDEA does not provide much detail on the content of the Summary of Performance, a sample Summary of Performance form has been developed with input from a variety of entities and individuals. Sometimes, based on this template, some State Education Agencies, including Colorado, have developed their own Summary of Performance forms. If used thoughtfully, these sample forms could provide very detailed and helpful information regarding the supports the student will need to be successful after high school As always, you should check with your own State Education Agency or school district to see if they have developed a model form.
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