8. Revise the provisions regarding the exception to requirements for evaluation before a change in eligibility.

Except as provided in 34 CFR 300.305(e)(2), a public agency must evaluate a child with a disability in accordance with 34 CFR 300.304-300.311 before determining that the child is no longer a child with a disability.
[34 CFR 300.305(e)(1)] [20 U.S.C. 1414(c)(5)]

The evaluation described in 34 CFR 300.305(e)(1) is not required before the termination of a child’s eligibility under Part 300 due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for a free appropriate public education (FAPE) under State law.
[34 CFR 300.305(e)(2)] [20 U.S.C. 1414(c)(5)]

For a child whose eligibility terminates under circumstances described in 34 CFR 300.305(e)(2), a public agency must provide the child with a summary of the child’s academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s postsecondary goals.
[34 CFR 300.305(e)(3)] [20 U.S.C. 1414(c)(5)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. In your opinion, how might the addition of the new “summary of academic achievement and functional performance” provision impact outcomes for children?

  2. What information about academic and functional performance might be included in this summary of performance?

  3. What are the potential advantages to the student and the receiving employer or school with the Summary of Performance as opposed to the most recent IEP and/or transition plan?

  4. How might students use their summary of performance after leaving secondary education (e.g., to organize information, apply for disability services in higher education, etc.)?

Application Questions

  1. What processes might facilitate the development of the summary of performance?

  2. What is the age at which student “age out” of services in your state and how does that impact the summary of performance provision?

  3. What are the implications for transition to programs such as Vocational Rehabilitation, Developmental Disabilities services, vocational schools, community colleges, universities, etc. since an evaluation for eligibility is not required for the student who exits due to graduation with a diploma or due to exceeding the age eligibility for a free appropriate public education (FAPE) under state law?

    These questions were developed by the following stakeholders working together:

    Role: Teacher
    Location: West Virginia

    Role: Service Provider
    Location: Maryland

    Role: Administrator
    Location: Georgia

    Role: Family
    Location: Georgia

    Role: Teacher
    Location: Colorado

    Role: Higher Education
    Location: Indiana

    Role: Administrator
    Location: California

    Role: Teacher
    Location: Florida

    Role: Service Provider
    Location: Kentucky