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The Guide to Special Education in Maine

Chapter 9: Getting Older

Making the Shift From School To Life in the Community

As your child gets closer to graduation or the age of 20, they are starting to move away from services provided under Maine State Education Regulations (MSER) and Individuals with Disabilities Education Act (IDEA) and toward services and/or legal protection that will be provided through Section 504 or under the Americans with Disabilities Act (ADA). Not all children will qualify for or need additional services. But if you think your child will require ongoing support, you will need to understand the difference between entitlement to services and eligibility for services. This represents a significant shift.

remember One of the most important concepts that students and families must understand is that once a student’s public education ends, all entitlements end.

Access to services from this point forward will be based on eligibility requirements and, in some cases, the amount of funding available to provide the service. A smooth transition will more likely occur when representatives from appropriate adult agencies and service providers are familiar with your child's strengths and needs and are involved in the development and implementation of the plan before your child graduates or exits the school system.

If your child is transitioning to a postsecondary educational setting, they will need to decide whether they wish to disclose the presence of their disability or not. This may be done at any point during their postsecondary education, but it becomes necessary when your child makes a request for accommodations. Upon disclosure, your child will need to register with the ADA Coordinator (titles may vary) on campus. Documentation that verifies the disability will be needed. It must be current (within three years) and reviewed to determine whether or not the disability meets the criteria of the ADA and Section 504.

It is recommended that students register with the ADA coordinator even if they may not need services. It is easier to register and not be in need of services, than to backtrack when services are needed.

“The administrative unit shall inform, in writing, both the parent and, when appropriate, the student that completion of the student’s Individualized Education Program and consequent graduation and receipt of a regular high school diploma constitutes a termination of eligibility for special education services.
A student’s eligibility for FAPE ceases upon graduation from high school with a regular high school diploma. Graduation is considered to be a change in placement, and would require that prior written notice, in accordance with Section 12.3, be given to the parents and the student. The notice would inform the parents and the student of the termination of eligibility for special education services and of their right to challenge the student’s pending graduation if they believe that the student has not met the requirements for graduation with a regular high school diploma. Students who exit school without a regular high school diploma continue to be eligible for special education services until they reach an age at which their eligibility terminates or they receive a regular diploma.” (MSER, Chapter 101, Section 5.11, p. 25)
 

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