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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 1342.12E4 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.