Transition Services

Authorities: 20 U.S.C. §§ 1401, 1414; 34 C.F.R. Part 300; Texas Education Code; 19 T.A.C. Chapter 89

Appropriate transition planning under state law must begin no later than when the child reaches 14 years of age.

Beginning not later than the first IEP to be in effect when the child turns 14, or younger if determined appropriate by the ARD committee, and updated annually thereafter, the ARD committee must address transition services as part of the IEP.

This guideline applies to children for whom transition services are included as part of the IEP.

Transition services means a coordinated set of activities for the child with a disability that:

• Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including:
  • Post-Secondary education;
  • Vocational education;
  • Integrated employment, including supported employment;
  • Continuing and adult education;
  • Adult services;
  • Independent living; or
  • Community Participation;
• Is based on the individual child's needs, taking into account the child's strengths, preferences, and interests; and includes:
  • Instruction;
  • Related services;
  • Community experiences;
  • The development of employment and other post school adult living objective; and
  • If appropriate, acquisition of daily living skills and provision of functional vocational evaluation.

If the child does not attend the ARD committee meeting where transition services are discussed (as set forth in the ARD Committee guidelines), the LEA must take other steps to ensure the child's preferences and interests are considered.

Development of a Coordinated Set of Activities

34 CFR 300.43(b); TEC 28.025(a)(b)(1-3,6-9); TAC 89.1055(g)(1); TEC 29.011(1)

Transition services may be special education, if provided as specially designed instruction, or a related service, if required to assist the child with a disability to benefit from special education as described in the Supplementary Aids and Services, Special Education, Related Services guidelines.

If the ARD committee determines the child is unable to participate in physical activity due to a disability or illness, the child will be allowed to substitute one credit in English language arts, mathematics, science, social studies, or one academic elective (which is not used to satisfy another graduation requirement) for one physical education credit.

The LEA must ensure that each child enrolls in the courses necessary to complete the curriculum requirements for the recommended or advanced high school program unless:

• The child, the child's parent, and a school counselor or school administrator agree in writing signed by each party that the child should be permitted to take courses under the minimum high school program and the child:
  • Is at least 16 years of age;
  • Completed two credits required for graduation in each subject of the foundation curriculum; or
  • Failed to be promoted to the tenth grade one or more times as determined by the school district
• The LEA provides written notice, developed by the TEA and printed in English and Spanish, to the parent explaining the benefits of the recommended high school program before the child's parent agrees that the child may be permitted to take courses under the minimum high school program;
• The child's parent signs a confirmation of receipt of the written notice and returns the confirmation to the child's campus; and
• The child agreeing to take courses under the minimum high school program may, upon request, resume taking courses under the recommended high school program.

The ARD committee must consider the following issues in the development of the IEP and, if appropriate, integrate into the IEP:

• Appropriate child involvement in the child's transition to life outside the public school system;
• If the child is younger than 18 years of age, appropriate parental involvement in the child's transition;
• If the child is at least 18 years of age, appropriate parental involvement in the child's transition, if the parent is invited to participate by the adult student or the LEA;
• Any postsecondary education options;
• A functional vocational evaluation;
• Employment goals and objectives;
• If the child is at least 18 years of age, the availability of age-appropriate instructional environments;
• Independent living goals and objectives; and
• Appropriate circumstances for referring the child or the child's parents to a governmental agency for services.

The LEA must comply with the Consent for Disclosure of Confidential Information guidelines.

If a participating agency, other than the LEA, fails to provide the transition services described in the

IEP, the LEA must reconvene the ARD committee to identify alternative strategies to meet the transition objectives set out in the IEP.

Development of Postsecondary Goals

34 CFR 300/320(b)(1); 20 USC 1414(d)(1)(A)(i)

The ARD committee must develop appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to:

• Training;
• Education;
• Employment; and
• Where appropriate, independent living skills.

The ARD committee must determine transition services, including courses of study, needed to assist the child in reaching those postsecondary goals.

Transfer of Rights at Age of Majority

34 CFR 300.320©; TEC 29.017; 20 USC 1414(d)(1)(A)(i)

Beginning not later than one year before the child reaches the age of 18, the ARD committee must provide a statement that the child has been informed of the child's rights under the Individuals with

Disabilities Education Act, if any, that will transfer to the child on reaching the age of 18.

When the child reaches the age of 18, the LEA must comply with the Adult Student guidelines.