Entitlement and Eligibility
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One of the most important legal concepts related to transition is the difference between the “entitlement” provided by IDEIA and the “eligibility” status created through meeting the requirements of adult service agencies. The IDEIA of 2004 outlines services (including transition services) that students with disabilities are entitled to receive once assessments deem them eligible for an Individualized Education Program (IEP). However, when these students graduate and become adults, they are no longer entitled to services based on the educational guidelines. Instead, they must meet eligibility requirements for adult services. These requirements vary across agencies, which means that an adult may be deemed eligible for services from one agency (such as Opportunities for Ohioans with Disabilities or OOD) and not from another agency (such as Opportunities for Ohioans with Disabilities) and not from another agency (such as a County Board of Developmental Disabilities ).
Additionally, once eligible, the adult may face waiting lists and limited services as services are not mandated to be provided immediately to all who are eligible. In short, “eligibility” in the adult services world means that one can be eligible and still wait for long periods of time if not deemed to be a “priority.”