IDEA '97 Transition Requirements: A Guide


Section V: Commonly Asked Questions and Answers

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This document uses the following conventions for citing from the code of Federal Regulations and from other interpretive materials that accompany those regulations in the March 12, 1999 Federal Register:

Scroll down the page or select the links below to go to the content of this section. This page contains questions organized according to the topics listed. When a question link is selected the question and answer will open in a new window. Close the new window to return to this page.

Content of the Individualized Education Program (IEP)

1. What are the new requirements for transition?

2. "What must the IEP team do to meet the requirements that the IEP ' include a statement of...transition service needs' beginning at age 14 (§300.347(b)(1)(i)), 'and a statement of needed transition services' no later than age 16 (§300.347(b)(2)?"

3. What are "courses of study?"

4. Should the student's IEP identify a desired post-school outcome, and if so, how should this be expressed?

5. What are the requirements regarding consideration of the student's preferences and interests when developing the statement of transition service needs or statement of needed transition services? How should the student's preferences and interests be determined? (See 34 CFR §300.29; §300.344(b))

6. If the IEP team does not address each component in the statement of needed transition services (i.e., instruction, community experiences, related services, employment, and other post-school adult living objectives), must they write a statement justifying why that component was not addressed?

7. What is the role of vocational education in the student's IEP?

8. "Must the IEP for each student with a disability, beginning no later than age 16, include all 'needed transition services,' as identified by the IEP team and consistent with the definition at §300.29, even if an agency other than the public agency will provide those services? What is the public agency's responsibility if another agency fails to provide agreed-upon transition services?"

9. When should a statement of transition service needs (courses of study) or a statement of needed transition services (coordinated set of activities) be included in a child's IEP? (See 34 CFR §300.347(b))

10. What are examples when the IEP team would include transition services for a student younger than age 14 or 16? Who decides when services are needed earlier? (See 34 CFR § 300.347(b); Appendix A, Question 11)

11. May school districts develop transition plans separate from the IEP? May public agencies develop Individualized Transition Plans (ITPs)?

Transition Participants

1. Who must be included on the IEP team when a purpose of the meeting is the development of a statement of transition service needs or a statement of needed transition services?

 2. What is a participating agency?

3. What other adult agencies and services might the IEP team think about including? How does a public agency determine those agencies that are likely to be responsible for providing or paying for transition services?

4. What is the school district's responsibility for inviting the student to his or her IEP meeting during which transition services will be addressed?

5. Are there any circumstances under which the student would not be invited? (34 CFR § 300.344(b)(1))

6. What form should the invitation to the student take?  

7. If a student does not attend the IEP meeting, what steps should the district take to ensure that the student's preferences and interests are considered? (See 34 CFR § 300.344 (b)(2))

8. Are representatives of other agencies required to participate in the IEP meeting to develop statements of needed transition services?

9. What if an invited agency representative does not attend the IEP meeting?

10. May the services of an agency be specified on an IEP when that agency's representative is not present at the IEP meeting?

Parent Participation

1. May IEP meetings that address transition services be conducted if parents are not in attendance?

2. Must parents be notified that the student and agency representatives are invited to attend the IEP meeting?

3. Must a copy of the student's IEP be provided to the parent?

Agency Responsibilities for Transition Services

1. Who is responsible for planning, coordinating, and providing transition services? What is the district's responsibility for ensuring that an agency is providing the services agreed upon in the IEP?

2. How will a school district verify or know if services are not being provided?

3. Who is responsible for reconvening an IEP meeting when transition services are not being provided as indicated on the IEP? What is the purpose of the meeting? What are the timelines for reconvening the meeting?

Graduation

1. Following the student's graduation with a regular high school diploma, is the school district responsible for providing the transition services?

2. Is a re-evaluation required for graduation with a regular high school diploma or termination of eligibility for exceeding the age eligibility for FAPE under state law?

3. Is graduation from high school considered a change in placement requiring notice in accordance with §300.503?

 Other Questions

1. Are students with disabilities in adult prisons entitled to a free appropriate public education (FAPE)?

2. What is vocational rehabilitation? Who is eligible?

3. What work incentives exist and how might they be incorporated into transition planning?

4. What critical skills should students have if they plan to go to college?

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IDEA '97 Transition Requirements: A Guide