002-10 Post-secondary Evaluations
Are local educational agencies obligated to conduct evaluations required for students attending colleges or universities, enlisting in the armed forces, or other post-secondary service if the parent/student requests?
No. The U.S. Department of Education’s Office of Special Education Programs states in its Commentary on the federal regulations, Federal Register, 2006, p. 46644:
"We do not believe that the regulations should require public agencies to conduct evaluations for children to meet the entrance or eligibility requirements of another institution or agency because to do so would impose a significant cost on public agencies that is not required by the Act [IDEA]. While the requirements for secondary transition are intended to help parents and schools assist children with disabilities transition beyond high school, section 614(c)(5) in the Act does not require a public agency to assess a child with a disability to determine the child’s eligibility to be considered a child with a disability in another agency, such as a vocational rehabilitation program, or a college or other postsecondary setting. The Act also does not require LEAs to provide the postsecondary services that may be included in the summary of the child’s academic achievement and functional performance. We believe it would impose costs on public agencies not contemplated by the Act to include such requirements in the regulations. It would be inconsistent with the Act to require public agencies to conduct evaluations for children who are exiting the school system because they exceed the age for eligibility under State law. Section 300.305(e)(2), consistent with section 614(c)(5)(B)(i) of the Act, is clear that an evaluation in accordance with §§ 300.304 through 300.311 is not required before the termination of a child’s eligibility under the Act due to graduation from secondary school with a regular diploma or due to exceeding the age eligibility for FAPE [free appropriate public education] under State law."
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