13.1.0 Transition Services in the Individuals with Disabilities Education Act
Louisiana Statewide Transition Project and Louisiana: Healthy and Ready to Work Fact Sheet Series
	5/17/99

I. WHY IS THIS IMPORTANT?

During the summer of 1997, the Individuals with Disabilities Education Act (IDEA) was reauthorized by congress and signed into law by President Clinton. The reauthorization of IDEA, or P.L. 105-17, reaffirms the laws regarding service provision for school-aged persons with disabilities, and also adds some new requirements. IDEA still requires local education agencies (LEAs) to provide a free, appropriate, public education in the least restrictive environment to all students. It also requires that the LEA include provisions for transitioning students from school to post-school activities. In Louisiana these services are documented on the "Transition Services" page of the Individualized Education Program (IEP). Please note that the issues discussed in this document are taken from the law, and that implementation of regulations sometimes requires additional clarification.

II. KEY POINTS

Transition services were first mandated as a part of the IEP with the 1992 amendments to IDEA. These services were mandated in an effort to ensure that educational programs were preparing students with disabilities for successful outcomes after completing their special education programs. In 1997, when IDEA was reauthorized, transition services were expanded. The following key points give important definitions and requirements relating to transition as stated in the 1997 amendments of IDEA.

Definition of Transition Services:

IDEA defines transition services as a coordinated set of activities for a student with a disability, designed within an outcome-oriented process, which promotes movement from school to post-school activities, including post-secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities must be based on the individual student's preferences and interests, and must include instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation (IDEA, 1997).

Definition of Coordinated Set of Activities:

A "coordinated set of activities" means that each of the targeted transition activities must flow in a manner that facilitates a smooth, systematic move from school to post-school activities and environments. This phrase also refers to the manner in which various agencies involved must collaborate to provide services. The push for LEAs to collaborate with other agencies is seen in many components of IDEA. These include the provisions for the State Advisory Council; components of State Improvement Plans; and research, personnel preparation, technical assistance, support, and dissemination of information (NASDSE, 1997).

Age Requirements for Transition:

Beginning at age 14, the IEP must include a statement of the individual student's transition needs. This statement must focus on the student's course of study in order to determine if the current course of study is leading to desired post-school outcomes. The age 14 requirement is also an attempt to ensure that student-desired outcomes are articulated early enough for action to be taken, as most students are about to begin their high school career at this time. This provision was designed to augment, not to replace, the transition requirements mandated at age 16. When a student is 16 (or earlier if determined appropriate), the IEP must include a detailed statement of needed transition services, including a statement of interagency responsibilities or any needed linkages. The statement made at age 16 must detail desired outcomes for certain areas (post-secondary education, vocational training, integrated employment, continuing and adult education, adult services, independent living, or community participation), as well as action steps to attain those outcomes (NICHCY, 1998a).

Age of Majority:

IDEA requires that LEAs inform students of the rights that will transfer to them upon reaching the age of majority. In the IEP, LEAs must include a statement that these rights have been explained to the student. This statement must be included in the IEP beginning at least one year before the student reaches the age of majority. After this transfer of rights (from the parent to the student), the school is required to provide any notice mandated by law to the student and to the parent. In cases where the student has been determined incompetent under state law, the rights remain with the parents. Congress did, however, recognize that some students may not have the ability to provide informed consent, even though they have not been determined legally incompetent. With this in mind, IDEA requires those states that automatically transfer rights to the student to establish procedures to allow parents or other appropriate individuals to represent the student's educational interests (NICHCY, 1998b).

III. ROLES/NEXT STEPS

Students/Young Adults:

IDEA reaffirms and strengthens the belief that it is the young adult's right for his or her preferences and desires to be the basis for all services. Students can and should make their wants known to the adults working with them to achieve their dreams. Along with these rights, however, come responsibilities. Students should not only attend their IEP meetings, but also take an active role in these meetings. Students should help teachers, parents, and others decide upon activities that will help them achieve their goals. Students must be willing to follow through on activities that will lead to the outcomes they want.

Families:

Adolescence is a trying time for both the young adult and the family. It is a time of increasing independence, responsibility, and trial and error on the path to adulthood. Families must take measures to provide support through this trying time. Families should assist the young adult in articulating dreams to teachers and other service providers. They should take an active role in all planning meetings so that the beliefs and values of the family, as well as the adolescent, are considered. This is especially vital when the young adult has difficulty expressing desires. Families should put the young adult's wishes first, as it is the young adult's life that is being planned.

Agencies:

IDEA reaffirms that the LEA is the lead agency in transition planning. It is the LEA's responsibility to help the young adult and family identify goals for after high school. These goals must be the driving force of all educational programming. LEAs should ensure that all young adults are active in all phases of the transition planning process, not just in attendance at IEP meetings. Mechanisms to help agencies plan in a manner that accounts for young adult and family goals include Person-Centered Planning and Self-Advocacy.

LEAs can also ensure a coordinated set of activities by establishing interagency agreements with adult service providers in order to collaboratively plan and implement activities. This may be accomplished by establishing an interagency transition team within the local parish.

As requested, adult agency personnel should attend meetings at which transition is discussed. They may also serve on a local interagency transition team. By providing information to Local Education Agencies, families, and young adults, agencies can help young adults plan for life after high school.

IV. RESOURCES/CONTACTS

National Information Center for Children and Youth with Disabilities (NICHCY)

PO Box 1492

Washington, DC 20013-1492

Phone: 1-800-695-0285 or 202-884-8200

Email: nichcy@aced.org

Website: www.nichcy.org

The Louisiana State Department of Education

Office of Special Populations

1-225-342- 3640 or 1-800-256-2766

(toll free line reserved for parents only)

Website: http//:www.doe.state.la.us

U.S. Department of Education

The Office of Special Education Programs

Website: www.ed.gov/offices/OSERS/OSEP

V. REFERENCES

IDEA (1997). Individuals with Disabilities Education Act. P.L.105-17. [On-line], Available: Internet http://www.ed.gov/offices/OSERS/IDEA/the_law.html

National Association of State Directors of Special Education, Inc. (NASDSE. (1997). Comparison of key issues: Current law and 1997 IDEA amendments (NASDSE document). Washington, DC: M. Mandlawitz.

National Information Center for Children and Youth with Disabilities (NICHCY). (1998a). Module 9: Parent and student participation in decision making. In Office of Special Education Programs' IDEA Amendments of 1997 Curriculum [On-line], Available: Internet www.nichcy.org/Trainpkg/trainpkg.htm.

National Information Center for Children and Youth with Disabilities (NICHCY). (1998b). Module 7: Individualized Education Plans (IEPs). In Office of Special Education Programs' IDEA Amendments of 1997 Curriculum [On-line], Available: Internet: www.nichcy.org/Trainpkg/trainpkg.htm.