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1342.12 Companion

July 12, 2017

Page 106

such as procedural safeguards and notice of meeting must be provided to both the student and the

parents.

The transfer of rights at the age of majority means that the student becomes responsible for his or her

educational program and all rights previously afforded to the parents transfer to the student at the age

of majority. Rights that transfer to the student include, but are not limited to, the right to:

1.

Receive notice of and attend IEP meetings;

2.

Consent for reevaluation; and

3.

Request mediation or a due process hearing to resolve a dispute about evaluation,

identification, eligibility, IEP, placement or other aspects of FAPE.

If the student with a disability who has been determined to be incompetent in accordance with Federal

or State law reaches the age of majority the rights afforded to the parents remain with the parents.

When a student with a disability who has not been determined to be incompetent, but who does not

have the ability to provide informed consent with respect to his or her educational program reaches

the age of majority, the DoD shall appoint a parent or the parents of the student to represent the

educational interests of the student throughout the period of eligibility for special education services.

Graduation

DoDM 1342.12

E4 S7e (1,2) p 31

Graduation from high school reflects the successful completion of an educational program. For students

with disabilities it constitutes a release from all services specified on the IEP and a change in placement

requiring CSC action to include providing the required PWN.

a.

The CSC is not required to evaluate a student before the termination of the student’s eligibility

due to graduation from secondary school with a regular diploma or due to exceeding the age of

eligibility for FAPE.

b.

When a student’s eligibility has terminated due to graduation or exceeding the age of eligibility,

the DoDEA school must provide the student, or the parent if the student has not yet reached the

age of majority or is otherwise incapable of providing informed consent, with a summary of the

student’s academic achievement and functional performance.

(1)

The summary of performance must be completed during the final year of a student’s

high school education.

(2)

The summary must include:

i.

Student’s demographics.

ii.

Student’s postsecondary goal.

iii.

Summary of performance in the areas of academic, cognitive, and functional

levels of performance to include the student’s present level of performance,

and the accommodations, modifications, and assistive technology that were

essential in high school to assist the student in achieving maximum progress.

iv.

Recommendations on how to assist the student in meeting the student’s

postsecondary goals.