Middle School and High School Rights

for Delaware Transition-Age Youth and their Families

Alternative formats and downloads:

• Middle School and High School Rights Transition Guide(PDF)
• Text Only Middle School and High School Rights Guide Final (Word)
• More Information! Discipline of Students with Disabilities (Word)
• Sample evaluation request letter (Word)
• Sample IEP meeting request letter (Word)
• Sample independent evaluation request letter (Word)
• Sample limited Educational POA (PDF)

Introduction

The transition from childhood to adulthood can be both exciting and challenging. There are many things to keep in mind as you (or your child) approach adulthood. While it is never too late to plan for the future, we recommend that you start thinking about and preparing for the transition to adulthood early in the teenage years.

This guide provides information to help you learn to advocate for yourself. It provides an overview of common issues and questions that you will likely face about your education.

Because special education is often costly for schools to develop and implement, you will likely have to advocate for yourself or your child throughout your/your child’s education to receive the appropriate services and placement.  If you / your child has not received appropriate accommodations, has not received proper placement, or the school has not complied with the 504 plan or IEP, you may want to contact the Disabilities Law Program at Community Legal Aid Society, Inc. for further information.

This guide does not cover every topic related to middle and high school rights that you might encounter, but is here to offer you some insight into some common issues.  Each individual’s situation is unique and this guide is not intended to constitute legal advice on your specific circumstances.

Please use this table of contents to navigate to sections of this guide that are of interest to you:

Table of Contents

An introduction to the major laws that protect students with disabilities

1. Section 504 of the Rehabilitation Act (Section 504)

2. The Americans with Disabilities Act (ADA)

3. Individuals with Disabilities Education Act (IDEA)

More on IEPs

1. Contents of an IEP

2. The Transition IEP

• More on transition goals
• Summary of Performance

1. IEP meetings

   • Initial IEP meeting, after a student is found eligible for special education services
   • Subsequent IEP meetings
   • People who attend an IEP meeting

2. Amendments to IEPs

3. Reevaluations

4. Student Led IEPs

5. Transfer of Rights at Age 18

6. Transfer students

7. Homeless students

Transition and Section 504 Plans

Bullying and Students with Disabilities

Discipline of Students with Disabilities

Options if you disagree with the IEP/504 Plan or believe discrimination is occurring

1. Section 504

2. Using Office of Civil Rights (OCR) Complaints – Students Eligible Under 504, the ADA, or IDEA

3. IDEA

   • Independent Evaluations
   • Mediation
   • Administrative Complaints
   • “Due Process”
   1. Resolution meeting
   2.  Mediation
   3. The Due Process Hearing
   4. Federal Court
   5.  Legal Representation

Other important things to know

1. Voting

2. Selective Service

More Information

SAMPLE – EVALUATION FOR SPECIAL EDUCATION/504 ELIGIBILITY REQUEST LETTER

SAMPLE – IEP MEETING REQUEST LETTER

SAMPLE – INDEPENDENT EDUCATIONAL EVALUATION REQUEST LETTER

SAMPLE – LIMITED POWER OF ATTORNEY FOR EDUCATION

Community Legal Aid Society Contact Information